Motivation Requirement for Dismissal in Westland: When and How Must the Employer Provide Reasons?

# Motivation Requirement for Dismissal in Westland: When and How Must the Employer Provide Reasons? Article 7:672(3) BW obliges employers in Westland, such as glasshouse horticulture companies in 's-Gravenzande or Naaldwijk, to motivate a notice of dismissal with concrete reasons. Think of business economic circumstances due to declining exports of tomatoes and flowers, underperformance or long-term illness (art. 7:669 BW). Without motivation, the notice of dismissal is null and void, which is crucial in this labour-intensive sector. ## When Does the Motivation Obligation Apply in Westland? - Always in case of employer-initiated dismissal, e.g. downsizing in horticulture due to energy prices. - Not in case of employee-initiated dismissal or settlement agreement. - Exception: urgent cause, such as summary dismissal for theft of crops. ## How to Motivate Correctly in the Westland Region? The dismissal letter must specify particular facts, such as 'loss of 20 jobs due to closure of greenhouse on Dijkweg'. No vague terms like 'economic reasons'. For underperformance: evidence of an improvement trajectory with training via the local UWV in Den Haag. In case of reorganisation: numbers of cut seasonal jobs and alternatives in neighbouring Poeldijk. ## Consequences of Missing Motivation An employee may demand dissolution or fair compensation from the subdistrict court in Den Haag (art. 7:671a BW). The court assesses 'reasonableness and fairness', taking into account Westland collective labour agreements for horticulture. ## For Employees in Westland: Response to Motivation Immediately suspend the dismissal and prepare a defence with the Horticulture Sector Council. Request a hearing and opportunity for improvement (art. 7:672(2) BW). In case of incorrect motivation, such as unsubstantiated 'seasonal dip', chance of replacement in Monster or compensation. Proper motivation prevents proceedings before the Rotterdam District Court and high costs for Westland entrepreneurs. (248 words)