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Dismissal Procedure via Canton Court in Rijswijk

Learn everything about the dismissal procedure via the canton court in Rijswijk, including the steps, duration and your rights as an employee. Contact the Juridisch Loket Rijswijk for advice.

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Dismissal Procedure via Canton Court in Rijswijk

For specific dismissal grounds, an employer must involve the canton court to terminate an employment contract. In Rijswijk, this falls under the District Court of The Hague.

When does an employer involve the Canton Court?

  • Inadequate performance
  • Culpable conduct or negligence
  • Disrupted working relationship
  • Other compelling circumstances

Steps in the Procedure

  1. Submit request: The employer applies for dissolution at the court
  2. Employee's response: The employee may submit a written defence
  3. Hearing: Both parties explain their position
  4. Judgment: The judge decides on the case

Duration of the Procedure

From request to judgment, the procedure typically takes 4 to 8 weeks, depending on the complexity.

Possibility of Appeal

Within three months after the judgment, an appeal may be lodged with the court of appeal.

Statutory basis: Article 7:671b Dutch Civil Code

Frequently Asked Questions about Dismissal in Rijswijk

What are my rights as an employee in case of dismissal?

You are entitled to a safe workplace, fair pay, vacation days and protection against unequal treatment or discrimination.

Can an employer dismiss me immediately?

No, dismissal often requires permission from the UWV or the canton court and must be based on valid reasons. Prior warnings are usually necessary.

How many vacation days am I entitled to?

At least 20 paid vacation days per year, unless otherwise stipulated in your employment contract. These days can be taken after approval.

What is a collective labour agreement (cao) and what does it mean for me?

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

What if I become ill during a dismissal procedure?

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

When must an employer go to the canton court in Rijswijk?

An employer must go to the canton court for dismissal due to poor performance, culpable conduct, a disrupted relationship or other important reasons. For economic dismissals, permission from the UWV is required first.

How does a dismissal procedure at the canton court work?

The employer files a petition with the District Court of The Hague. As an employee, you can respond with a statement of defence. Subsequently, there is a hearing, after which the judge decides within 4-8 weeks.

Can I challenge the judgment of the canton court?

Yes, within three months you can appeal to the court of appeal. It is advisable to seek legal assistance, for example via the Juridisch Loket Rijswijk.