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Dismissal Due to Culpable Conduct in Utrecht

Dismissal due to culpable conduct in Utrecht can be via the subdistrict court under the e-ground of Article 7:669 DCC. Read more about the procedure, transition payment and your rights as an employee.

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Dismissal Due to Culpable Conduct in Utrecht

In cases of seriously culpable conduct or negligence, an employer in Utrecht can terminate the employment contract via the subdistrict court. This falls under the e-ground of Article 7:669 DCC.

What Does Culpable Conduct Mean?

Culpable conduct means that an employee has behaved in such a way that the employer cannot reasonably be expected to continue the employment contract. This concerns intentional inappropriate behaviour.

Examples of Culpable Conduct

  • Structurally arriving late despite repeated warnings
  • Unauthorized absence without notification
  • Ignoring clear work instructions
  • Breaching a confidentiality clause
  • Side activities without the employer's approval
  • Minor forms of fraud or theft (not sufficient for summary dismissal)
  • Inappropriate behaviour towards colleagues or customers

Difference with Summary Dismissal

Culpable conduct is serious, but often not serious enough for summary dismissal. Therefore, the employer must file a request for dissolution with the subdistrict court, such as at the District Court of Midden-Nederland at Vrouwe Justitiaplein 1 in Utrecht.

Steps in the Procedure

  1. The employer gathers evidence of the culpable conduct
  2. The employee receives official warnings
  3. The employer files a dissolution request with the subdistrict court
  4. An oral hearing takes place
  5. The judge decides on the dissolution

Obligation to Warn

An employer must warn the employee and give them the opportunity to adjust the behaviour, unless the conduct is so serious that this is not reasonable.

Transition Payment in Utrecht

In case of standard culpable conduct: entitlement to transition payment.

In case of very serious culpable conduct: no entitlement to transition payment.

Frequently Asked Questions

When is Conduct Considered 'Seriously Culpable'?

Seriously culpable conduct includes matters such as fraud, theft or repeated and deliberate misconduct.

How Can I Prove My Innocence?

You can submit a defence and share your perspective with the judge during the hearing.

Statutory Basis: Article 7:669 paragraph 3 sub e DCC

Frequently Asked Questions about Employment Law in Utrecht

What are my rights as an employee in Utrecht?

You are entitled to a safe workplace, a fair salary, vacation days with pay, and protection against discrimination.

Can an employer dismiss me without reason?

No, dismissal often requires permission from the UWV or a valid reason. Warnings are usually a condition.

How many vacation days am I entitled to?

At least 20 paid vacation days per year, unless otherwise stipulated in your employment contract.

What does a collective labour agreement mean for my job?

A CLA (collective labour agreement) regulates agreements on salary, working hours and other employment conditions between employers and trade unions.

What if I become ill?

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

Contact and Assistance in Utrecht

For legal advice, you can go to the Juridisch Loket Utrecht at Catharijnesingel 55. For cases regarding dismissal due to culpable conduct, you can file a case at the District Court of Midden-Nederland, located at Vrouwe Justitiaplein 1.