Dismissal Due to Blameworthy Conduct in Westland

When an employee seriously culpably behaves or fails to act, an employer can terminate the employment contract via the subdistrict court. This falls under the e-ground of Article 7:669 of the Dutch Civil Code.

What Does Blameworthy Conduct Mean?

Blameworthy conduct means that an employee has behaved in such a way that the employer can no longer be required to maintain the employment contract. This often involves intentional inappropriate conduct.

Examples of Blameworthy Conduct

• Frequently arriving late despite multiple warnings
• Being absent without a valid reason
• Ignoring clear work instructions
• Breaching a confidentiality clause
• Engaging in side activities without approval
• Minor forms of fraud or theft (not serious enough for summary dismissal)
• Inappropriate behaviour towards colleagues

Difference with Summary Dismissal

Blameworthy conduct is serious, but usually not serious enough for summary dismissal. Therefore, the employer must file a request with the subdistrict court, for example at the District Court of The Hague.

Steps in the Procedure

1. The employer gathers evidence of the blameworthy conduct
2. The employee receives official warnings
3. The employer requests dissolution from the subdistrict court
4. A hearing takes place
5. The judge rules on the dissolution

Obligation to Warn

An employer is obliged to warn the employee and offer the opportunity to adjust the behaviour, unless the situation is so serious that this is not reasonable.

Right to Transition Payment

In case of standard blameworthy conduct: entitlement to a transition payment.

In case of very serious blameworthy conduct: no entitlement to a transition payment.

Frequently Asked Questions about Dismissal in Westland

When is Conduct Considered 'Seriously Blameworthy'?

Seriously blameworthy conduct includes matters such as fraud, theft or repeated and deliberate misconduct.

How Can I Prove My Innocence?

You can submit a defence and share your perspective with the judge during the hearing.

Legal Basis: Article 7:669 paragraph 3 sub e Dutch Civil Code

General Questions about Employment Law

What are my rights as an employee in Westland?

You are entitled to a safe workplace, a fair salary, vacation days with pay and protection against inequality or discrimination.

Can an employer dismiss me without reason?

No, dismissal often requires permission from the UWV or a valid reason. Warnings are usually a condition.

How many vacation days am I entitled to?

At least 20 paid vacation days per year, unless otherwise stipulated in your employment contract.

What does a collective labour agreement mean for my situation?

A collective labour agreement (CLA) records agreements between employers and trade unions on salary, working hours and other conditions.

What happens in case of illness?

In case of illness, you must immediately inform your employer. You are entitled to continued pay during the first two years of illness.

Contact and Assistance in Westland

For legal advice on dismissal cases, you can contact the Juridisch Loket Westland. They provide support on employment law issues.