Right to be Heard and Opportunity to Improve Prior to Dismissal in Utrecht: Employee Rights

# Right to be Heard and Opportunity to Improve Prior to Dismissal in Utrecht: Employee Rights In Utrecht, with its dynamic labor market in sectors such as tech at Utrecht Science Park and education at Utrecht University, an employer must hear the employee prior to termination (Article 7:672(2) of the Dutch Civil Code). This provides the opportunity for explanation, improvement, and alternatives, which is crucial for a valid dismissal procedure before local cantonal judges. ## What is the Right to be Heard in Utrecht? The employer invites the employee for a meeting, informs them about the intended dismissal and the reasons for it. In Utrecht-based companies, such as startups in the Merwedekanaal Zone, the employee may defend themselves and be assisted by a trade union, lawyer, or even an advisor from FNV Utrecht. Carefully document the meeting for proceedings before the District Court of Midden-Nederland, Utrecht location. ## Opportunity to Improve in Cases of Underperformance In cases of underperformance (ground a), an improvement plan is mandatory: it must be documented in writing with concrete goals, timelines, and support (Article 7:669(3) of the Dutch Civil Code). In the Utrecht context, consider IT roles at High Tech XL; this process lasts at least two months with interim evaluations and coaching. Local HR advisors recommend engaging Utrecht outplacement agencies such as Randstad Utrecht for realistic improvement trajectories. ## Exceptions - No right to be heard in cases of summary dismissal (ground c) or if the employee resigns. - When seeking UWV (Employee Insurance Agency) approval in Utrecht: the right to be heard applies before submitting the application to the UWV office in Utrecht-Noord. ## Consequences of Non-Compliance The dismissal is null and void. An employee in Utrecht may claim continued payment of wages, demand dissolution with a transition payment, or seek compensation from the cantonal judge. Utrecht judges, familiar with local collective labor agreements such as those for municipal employees, strictly assess compliance. ## Practical Examples from Utrecht In cases of illness: present a redeployment plan, taking into account Utrecht mobility via Qbuzz or NS. In cases of misconduct in hospitality along the Oudegracht: issue warnings and offer mediation through Utrecht legal service points. Document everything for evidence in legal proceedings. **Tips for Employees in Utrecht:** Use the meeting to propose alternatives, such as retraining via ROC Midden Nederland or part-time work. **Employers:** Comply with the right to be heard to avoid risks at the busy Utrecht District Court. This ensures a risk-free dismissal process in this growing region.