Requirement to Provide Reasons for Dismissal in Utrecht: When and How Must the Employer Justify Termination?

# Requirement to Provide Reasons for Dismissal in Utrecht: When and How Must the Employer Justify Termination? In Utrecht, with its vibrant economy centered around Utrecht University, UMC Utrecht, and tech companies in Utrecht Science Park, employers frequently dismiss employees. Article 7:672(3) of the Dutch Civil Code (BW) obliges the employer to provide concrete reasons for termination, such as business-economic circumstances (e.g., downsizing in the healthcare sector), underperformance, or long-term illness (Art. 7:669 BW). Without proper justification, the dismissal is null and void, often leading to disputes at the Utrecht subdistrict court. ## When Does the Obligation to Provide Reasons Apply in Utrecht? - Always in cases of employer-initiated dismissal, for example, during reorganizations at local startups or government institutions such as the Province of Utrecht. - Not applicable in cases of employee-initiated resignation or mutual termination via a settlement agreement. - Exception: urgent reasons, such as summary dismissal due to theft in a Utrecht warehouse (no notice period required). ## How to Provide Proper Justification for Utrecht Cases? The notice of termination must describe specific facts and avoid vague terms. For underperformance: document an improvement plan with feedback based on Utrecht HR practices. In cases of reorganization due to Utrecht real estate developments: specify the number of jobs affected, redeployment options within the region, and the impact on the local labor market. Consult the Utrecht subdistrict court for local precedents. ## Consequences of Missing Justification in Utrecht The employee may request dissolution of the employment contract or seek fair compensation at the District Court of Midden-Nederland, Utrecht location. The court assesses the case based on 'reasonableness and fairness' (Art. 7:671a BW), with recent rulings on Utrecht healthcare dismissals serving as guidance. ## For Employees in Utrecht: Responding to Justification Immediately contest the dismissal and prepare a defense for the Utrecht subdistrict court. Request a hearing and an opportunity for improvement (Art. 7:672(2) BW). In cases of incorrect justification, such as flawed reorganization claims in Utrecht, redeployment or compensation may be achievable—consider seeking local legal assistance via the Legal Counter Utrecht (Juridisch Loket Utrecht). Proper justification prevents costly proceedings at the Utrecht court and high expenses. (248 words)