Prohibited Dismissal Reasons in Rijswijk: When May an Employer NOT Dismiss You?
Employers in Rijswijk and surrounding areas cannot dismiss an employee just like that. Dutch employment legislation imposes strict rules on dismissal grounds and explicitly excludes dismissal for specific reasons. Discover in this article which dismissal reasons are absolutely prohibited, what your legal position is, and how you can defend yourself against unjustified dismissal. Specifically for residents of Rijswijk: relevant local authorities such as the District Court of The Hague and the Legal Aid Office Rijswijk.
Legal Framework: Article 7:670 BW and More
Central to this is Article 7:670 of the Dutch Civil Code Book 7 (BW), which protects employees in Rijswijk against discriminatory and unlawful dismissal. Employers may not terminate the employment contract for reasons unrelated to work performance or business economic motives.
Important supplementary laws that provide dismissal protection:
- General Equal Treatment Act (AWGB) - Against discrimination on various grounds
- Equal Treatment Disability/Chronic Illness Act (Wgbh/cz)
- Equal Treatment on Grounds of Age Act (WGBL)
- Dutch Civil Code Book 7 - Employment law standards
Complete Overview of Prohibited Dismissal Reasons
The law lists a range of situations in which dismissal in Rijswijk is not permitted. Below is a current overview:
| Prohibited Dismissal Reason | Legal Basis | Explanation |
|---|---|---|
| Pregnancy and maternity period | Article 7:670 paragraph 1 BW | No dismissal possible during pregnancy and 6 weeks postpartum (dismissal ban) |
| Trade union activities | Article 7:670 paragraph 2 sub a BW | Protection for trade union membership and activities |
| Ethnic origin or race | Article 7:646 BW / AWGB | Discrimination on grounds of race, origin or nationality is unlawful |
| Religion or belief | Article 7:646 BW / AWGB | No dismissal for religious reasons permitted |
| Gender | Article 7:646 BW / AWGB | Equality principle applies to men and women |
| Sexual orientation | Article 7:646 BW / AWGB | Protection against discrimination on basis of orientation |
| Marital status | Article 7:646 BW / AWGB | Dismissal due to marriage, relationship or single status prohibited |
| Political opinions | Article 7:646 BW / AWGB | Political preference may not play a role |
| Age | WGBL / Article 7:646 BW | Age discrimination only with compelling reasons |
| Disability or long-term illness | Wgbh/cz / Article 7:646 BW | Dismissal purely for health reasons is discriminatory |
| Part-time vs. full-time | Article 7:648 BW | Equal treatment required, unless objectively justified |
| Contract type | Article 7:649 BW | No distinction between temporary and permanent staff |
| Illness (first 2 years) | Article 7:670 paragraph 1 BW | Dismissal ban in case of incapacity for work up to 104 weeks |
| Military leave | Article 7:670 paragraph 5 BW | Protection during military obligations |
| Works Council (OR) | Article 7:670 paragraph 2 BW | Enhanced dismissal protection for OR members |
| Personnel Representation (PVT) | Article 7:670 paragraph 2 BW | Same for PVT participants |
| Leave periods | Article 7:670 paragraph 3 BW | Dismissal ban during maternity, birth and adoption leave |
| Whistleblowing disclosures | House for Whistleblowers Act | Prohibition of reprisals after reporting misconduct |
Special Protection in Specific Periods
During vulnerable periods, enhanced dismissal protection applies in Rijswijk. In case of illness, pregnancy or trade union activities, an employer must obtain permission from the UWV or the subdistrict court (District Court of The Hague, The Hague district).
What to Do in Case of Unlawful Dismissal in Rijswijk?
Are you dismissed in Rijswijk for a prohibited reason anyway? Follow these steps:
- Check the dismissal letter for the stated reason
- Immediately consult the Legal Aid Office Rijswijk for free advice
- File an objection with UWV or subdistrict court (District Court of The Hague)
- Consider filing a discrimination complaint with the Netherlands Institute for Human Rights
Local Assistance in Rijswijk
- District Court of The Hague (district): Handles dismissal cases for Rijswijk - Prinses Beatrixlaan 882, The Hague
- Legal Aid Office Rijswijk: Free legal advice hours - Bogaardplein 10, Rijswijk
- UWV The Hague: For dismissal permits
Note: In case of prohibited dismissal reasons, you may claim reinstatement, compensation for damages and repayment of wages.