District Court Dismissal Procedure in Utrecht

For specific dismissal reasons, an employer must request permission from the district court judge to terminate an employment contract.

When to Go to the District Court Judge?

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

Steps in the Procedure

1. Submit request: Employer requests dissolution
2. Employee's response: Written defense by employee
3. Hearing: Both parties explain
4. Judgment: Decision of the judge

Duration of the Procedure

The process usually takes 4 to 8 weeks, from application to decision.

Option for Appeal

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

Statutory basis: Article 7:671b DCC

Frequently Asked Questions about Dismissal in Utrecht

What are my rights as an employee in a dismissal procedure?

You have the right to a safe workplace, fair pay, vacation days with continued salary, and protection against inequality or discrimination.

Can an employer dismiss me without reason?

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

How many paid vacation days am I entitled to?

At least 20 paid vacation days per year, unless otherwise stipulated in your employment contract. These days must be granted upon request.

What is a collective labor agreement and how does it affect me?

A CLA (collective labor agreement) is a set of agreements between employers and trade unions regarding salary, working hours, and other employment conditions.

What should I do in case of illness?

In case of illness, you must immediately inform your employer. You are entitled to continued salary payment during the first two years of sick leave.

Practical Information for Utrecht

Court: District Court of Central Netherlands, Vrouwe Justitiaplein 1, Utrecht

Legal Aid: Legal Aid Office Utrecht, Catharijnesingel 55

Frequently Asked Questions Specific to the Procedure

When is the district court judge involved in dismissal?
The district court judge becomes involved in dismissal for reasons such as poor performance, culpable conduct, a disrupted relationship in the workplace, or other significant grounds. For dismissal on economic grounds, the employer must first go to the UWV.

How does the dismissal procedure at the district court judge work?
It starts with a request from the employer. As an employee, you can submit a written response. Subsequently, there is a hearing in which both parties present their case. The judge then issues a decision, usually within 4-8 weeks.

Can I challenge the decision of the district court judge?
Yes, within three months you can appeal to the court of appeal. This process is often more complex, so legal assistance is recommended.

What rights do I have during a dismissal procedure?
You have the right to a fair hearing, to submit a defense, and to explain your position during the hearing. You also retain the right to salary until the judgment, except in the case of summary dismissal.

How long does a procedure at the district court judge take?
Generally, it takes 4 to 8 weeks from the application to the judgment, but this can be longer in complex cases or with additional investigation.