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Exceptions to the Dismissal Ban in Westland: When is Termination Permitted After All?

Dismissal bans in Westland are not absolute: exceptions apply for economic reasons such as greenhouse restructuring, urgent causes, or long-term illness with UWV permission. The employer must prove this.

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Exceptions to the Dismissal Ban in Westland: When is Termination Permitted After All?

In Westland, with its thriving greenhouse horticulture sector, dismissal bans are not absolute. Learn about the legal exceptions so that, as a grower or employee in the greenhouses, you understand when termination is still possible.

Key Exceptions in Westland

According to Article 7:670(2) of the Dutch Civil Code (BW), termination in the Westland region may still be possible with the permission of the Employee Insurance Agency (UWV) or the subdistrict court in The Hague, provided the urgent reason is unrelated to prohibited grounds. Examples relevant to local businesses include:

  • Economic reasons: Business closure due to declining exports of tomatoes or bell peppers, or restructuring of greenhouses in 's-Gravenzande, independent of personal characteristics.
  • Urgent reason: Serious misconduct such as theft of crops in Naaldwijk, unrelated to pregnancy or trade union membership.
  • Long-term incapacity for work: After two years of illness due to physical work in greenhouse horticulture, with UWV permission via the regional office.
ExceptionCondition in Westland
Business circumstancesUWV permission, e.g., in case of greenhouse reduction
Urgent reasonAssessed by the subdistrict court in The Hague

Employers in Westland must strictly prove this, especially during seasonal peaks. In case of doubt, the employee prevails. For advice on your situation in Poeldijk or Monster, consult a local employment lawyer. (248 words)