Right to be Heard and Opportunity to Improve Before Dismissal in Rijswijk: Employee Rights

{"heading":"Right to be Heard and Opportunity to Improve Before Dismissal in Rijswijk: Employee Rights","introduction":"In Rijswijk, a vibrant municipality near The Hague with many SMEs and government institutions, an employer must hear the employee before termination (Article 7:672(2) of the Dutch Civil Code). This provides an opportunity for explanation and improvement, which is crucial for valid dismissals before local subdistrict courts.","sections":[{"heading":"What is the Right to be Heard in Rijswijk?","content":"In Rijswijk, the employer invites the employee for a meeting at the office or via Zoom, informs them about the intended dismissal and the reasons. The employee is entitled to defend themselves and may be assisted by a trade union or a lawyer from the region, such as those from the Legal Counter in The Hague."},{"heading":"Opportunity to Improve in Case of Underperformance","content":"In cases of underperformance (ground a), an improvement plan is mandatory: documented in writing with concrete goals and timelines (Article 7:669(3) of the Dutch Civil Code). In Rijswijk-based companies, this lasts at least two months, with interim evaluations and support from local HR advisors."},{"heading":"Exceptions","content":["No right to be heard in cases of summary dismissal, such as the immediate closure of a Rijswijk branch, or when the employee resigns.","When UWV (Employee Insurance Agency) approval in Zoetermeer is required: the right to be heard must be observed before submitting the application."]},{"heading":"Consequences of Non-Compliance","content":"The dismissal is null and void; the employee in Rijswijk can claim continued payment of wages or request dissolution with a transition payment from the subdistrict court in The Hague. Courts strictly assess this, using recent regional cases as examples."},{"heading":"Practical Examples in Rijswijk","content":["In case of illness: present a redeployment plan within the organization or with Rijswijk partners.","In case of misconduct: issue prior warnings, documented. Local companies, such as those in the Rijswijk business park, document everything for UWV or judicial evidentiary requirements.","Employees in Rijswijk: use the meeting to propose alternatives, such as retraining via regional vocational schools (ROCs). Employers: comply with the right to be heard for risk-free dismissals and avoid penalties. Always consult a local employment law attorney for specific advice."]}]}