Dismissal Due to Blameworthy Conduct in Rijswijk

In cases of seriously blameworthy conduct or negligence, an employer in Rijswijk may terminate the employment contract via the subdistrict court. This falls under ground e of Article 7:669 of the Dutch Civil Code (BW).

What Does Blameworthy Conduct Mean?

Blameworthy conduct means that an employee has behaved in such a way that the employer cannot reasonably be expected to continue the employment contract. This typically involves deliberate inappropriate behaviour.

Examples of Blameworthy Conduct

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

Difference from Summary Dismissal

In cases of blameworthy conduct, the behaviour is serious but not to the extent that summary dismissal is possible. The employer must then file a request with the subdistrict court, for example at the District Court of The Hague, under which Rijswijk falls.

Steps in the Procedure

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

Obligation to Warn

An employer must warn the employee and offer the opportunity to amend the behaviour, unless the conduct is so serious that this is not reasonable.

Transition Payment upon Dismissal

In standard cases of blameworthy conduct, the employee is entitled to a transition payment.

In cases of severely blameworthy conduct, this right often lapses.

Frequently Asked Questions about Dismissal in Rijswijk

When is Conduct Considered 'Seriously Blameworthy'?

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

How Can I Prove My Innocence?

You can submit a written defence to the subdistrict court and explain your version of events during the hearing.

Statutory basis: Article 7:669 paragraph 3 sub e Dutch Civil Code (BW)

Frequently Asked Questions about Employment Law

What are my rights as an employee in Rijswijk?

You are entitled to a safe workplace, minimum wage, paid holiday days, and protection against discrimination or unequal treatment.

Can an employer dismiss me just like that?

No, dismissal often requires approval from the UWV or a court ruling and must be based on valid grounds. Prior warnings are usually necessary.

How many paid holiday days am I entitled to?

At least 20 paid holiday days per year, unless your employment contract states otherwise. 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) is a set of agreements between employers and trade unions on matters such as salary, working hours and other employment 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 sick leave.

Contact and Assistance in Rijswijk

For legal support, you can contact the Juridisch Loket Rijswijk. They offer free advice on employment law issues. In addition, the District Court of The Hague handles cases falling under Rijswijk.