Challenging Dismissal in Utrecht - Steps and Deadlines
Do you disagree with your dismissal in Utrecht? You can challenge it with the cantonal judge of the District Court Midden-Nederland. Keep an eye on the strict deadlines!
When Can You Challenge Your Dismissal?
- Summary dismissal that you consider unfair
- Termination without proper permission from the UWV
- Termination in violation of a dismissal prohibition (for example, due to illness or pregnancy)
- Dissolution via the cantonal judge that you dispute
Important Deadlines
You have only 2 months after the dismissal date to initiate legal proceedings. This deadline is absolute; after this period, you can no longer take action.
What Can You Claim?
- Reversal of the dismissal (reinstatement of your employment contract)
- A fair compensation payment
- The transition payment to which you are entitled
- Wages for the non-observed notice period
How Does the Procedure Work?
- Filing a petition with the cantonal judge of the District Court Midden-Nederland (Vrouwe Justitiaplein 1, Utrecht)
- Response from the employer to your petition
- An oral hearing for explanation
- Ruling of the judge in a decision
Practical Tips for Utrecht
- Act quickly, as the 2-month deadline is short
- Seek legal assistance via a lawyer or the Juridisch Loket Utrecht (Catharijnesingel 55)
- Gather all relevant documents and evidence
- Register with the UWV for unemployment benefits
Statutory basis: Articles 7:681 and 7:686 of the Dutch Civil Code
Frequently Asked Questions about Dismissal in Utrecht
What are my rights as an employee in Utrecht?
As an employee, you are entitled to a safe workplace, a fair salary, vacation days with pay retention and protection against discrimination.
Can my employer dismiss me without reason?
No, dismissal often requires approval from the UWV and a valid reason. Moreover, warnings must be given in advance.
How many paid vacation days do I get?
You are entitled to at least 20 paid vacation days per year, unless your employment contract states otherwise. Taking them must be possible upon request.
What is a collective labour agreement and what does it mean for me?
A collective labour agreement (CLA) records agreements between employers and trade unions on salary, working hours and other conditions.
What should I do if I am ill?
In case of illness, you must inform your employer immediately. You are entitled to continued pay during the first two years of illness.