Employee dismissal procedures

Drafting a statement of defence

If you disagree with your employer's request to dissolve your employment contract, you can oppose it by submitting a statement of defence. You are the defendant.

There is no obligation to respond in writing. You can also give your response orally during the hearing. It is often better for your case to state your position prior to the hearing.

Contents of the statement of defence

The statement of defence must always contain the following:

• your forenames, surname, address, and place of residence or registered office;
• your response to the application, substantiated with arguments;
• your signature and the date.

Supporting documents

Make copies of supporting documents that back up your case. For example, copies of letters or appraisals. You can also ask witnesses to write down their account (witness statement). Send the supporting documents along with your statement of defence.

Deadline

Make sure that the statement of defence (including all supporting documents) reaches the district court and your employer at least 5 days before the hearing. For more information on this, please read 'Submitting a statement of defence'.

You may also make your own request in the statement of defence. For example, to request financial compensation, in case the district court does decide to dissolve the employment contract after all.

Describe your own request clearly in the statement of defence and attach any supporting documents (or copies thereof).

You send multiple copies of the statement of defence and the attachments to the district court (Subdistrict Team, Registry Department). The number of copies is:

• one for the subdistrict judge;
• one for your employer;
• one each for any other interested party.

The documents must be received by the district court at least 5 days before the hearing. The address of the district court is stated in the summons to the hearing. The documents can also be handed in at the central desk of the district court.

Attendees at the hearing

You are not obliged to come to the hearing, but you are strongly advised to do so. Failure to attend may result in the judge ruling against you. If you do come, you will have the opportunity to give an oral presentation. The employer, as the applicant, will be the first to speak. After that, you may respond as the defendant. Then both parties have another chance to speak. The judge will also ask questions.

Power of attorney

Will you be represented at the hearing by a legal advisor? If so, please provide them with a written power of attorney. Witnesses are generally not heard during this hearing.

Witnesses

If you do want witnesses to be heard at the hearing, you must request permission from the judge in good time before the hearing.

Public

The hearing is open to the public. This means that anyone may attend the hearing.

Attending a hearing (in Dutch)

Conflict resolution

During the hearing, the judge will examine with both parties which method of resolution seems the most appropriate in this situation: mediation (in Dutch), settlement (out-of-court resolution) or a ruling from the judge.

When is there a settlement?

The judge will explain how they view the case, before giving the parties the opportunity to reach a solution (settlement) together outside the court (out-of-court settlement). If the parties do manage to reach a solution, the settlement will be put in writing. It is a binding agreement, which both parties must honour. If the parties fail to reach a solution, the judge will rule on the case themselves.

No ruling

Legal proceedings end without a ruling:

• if the employer (as the applicant) withdraws the proceedings;
  
• if an agreement is reached through mediation;
• if a settlement is reached with your employer.

Ruling

At the end of the hearing, the judge states when the ruling (decision) will be made. This is usually within 4 weeks after the hearing. The decision will be sent to you. If you have a lawyer or authorised representative, the decision will be sent to them, rather than directly to you. 

Rejection: no dissolution

If the district court rejects your employer's request to dissolve your employment contract, the employment contract will remain in force. The judge may then order the employer to pay all or part of the costs incurred by you as the defendant (legal costs). The district court will determine the amount.

The district court will also rule on any application of your own, if you have submitted one as the defendant.

Award: dissolution

If the district court grants the request, the decision will state:

• that the employment contract is dissolved;
  
• the reasons for the dissolution;
• the dissolution date of the employment contract;
• whether financial compensation is awarded. For example, a transition allowance, if requested, or additional fair compensation (compensation if the employer is seriously at fault);
• who must pay the legal costs (it may be that both parties must pay their own costs).

Contractual end date

The district court can never dissolve the employment contract retroactively. In general, it takes the notice period into account.

Appeal

If you do not agree with the district court's decision, you can appeal. In doing so, you submit your case to the Court of Appeal for a new hearing. This must be done within 3 months of the decision. The appeal must be lodged by a lawyer.

Appeal (in Dutch)

Judicial review

If you subsequently disagree with the Court of Appeal's decision, you have 3 months to apply to the Supreme Court for judicial review. Judicial review is an application made to the Supreme Court of the Netherlands to quash an earlier Court of Appeal decision. You will also need a lawyer to do this on your behalf.

Judicial review (in Dutch)

You start the application procedure by sending a letter to the district court. This letter is known as an application letter. You are the appellant.

Among other things, you can ask the district court to:

• dissolve the employment contract;
• quash the summary dismissal;
• reinstate the employment contract;
• determine financial compensation.

Content of the application letter

The application letter must contain the following:

• your forenames, surname, address, place of residence and date of birth;
• the name, address and place of residence or business address of your employer;
• what you are requesting and why;
• the name, address and telephone number of your lawyer or other authorised representative, if any.

You must date and sign the application letter. If you have a lawyer or authorised representative, then they will do this.

Supporting documents

Make copies of supporting documents that back up your case. Number them and attach them. For example, letters or agreements.

Sending the application letter

You send the application with multiple supporting documents to the district court that has jurisdiction in the place where your employer has its place of business or where you usually work.

The number of copies is: one for the district court and one for your employer. Please state on the envelope: t.a.v. team kanton, afdeling griffie (this translates as: 'Attn. Subdistrict Team, Registry Department'). You can also hand in the documents at the central desk of the district court.

Jurisdictions of the district courts

Both you, as employee, and your employer receive a summons to the oral hearing (session). This notice to attend states when (date) and where (location) the hearing will take place. Your employer will receive a copy of the application letter with the attachments, with the invitation.

Alternative date

If the date is not convenient, you can contact the court registry. You will find information about this in the letter.

Does your employer disagree with your application? Then they can submit a statement of defence. They can also give a response verbally, during the hearing.

You are not obliged to attend the hearing, but you are strongly advised to do so. Failure to attend may result in the judge ruling against you.

Opinion

If you do come, you will have the opportunity to express your views. As the appellant, you will be first to speak. You explain your application. After that, your employer (defendant) is allowed to give their response. Then both parties have another chance to speak. The judge will also ask questions.

Power of attorney

Will you be represented at the hearing by a lawyer or legal advisor? If so, please provide them with a written power of attorney.

Witnesses

Witnesses are generally not heard at this hearing. If you do want witnesses to be heard at the hearing, you must request permission from the judge in good time before the hearing.

Public

The hearing is open to the public. This means that anyone may attend the hearing.

Attending a hearing (in Dutch)

No response from employer

Address verification

If there is no defence to the application and the employer/defendant does not appear at the hearing either, you, as the appellant, must provide the district court with an extract from the Municipal Personal Records Database or the Chamber of Commerce. This is to verify the address. This extract must not be older than the date on which the invitation to the hearing was sent.

Re-invitation

There are two possibilities:

• the district court summons the employer/defendant again by registered letter;
• the appellant summons the employer/defendant on their own initiative again by asking a bailiff to deliver the invitation to the employer/defendant (with a bailiff's writ, whose costs of borne by the appellant).

Employer does not appear after being repeatedly summoned

If the employer/defendant does not appear even after being repeatedly summoned, the district court may decide to grant the application. This decision will be sent to the parties a few weeks later.

Conflict resolution

During the hearing, the judge will examine with both parties which method of resolution seems the most appropriate in this situation: mediation (in Dutch), settlement (out-of-court resolution) or a ruling from the judge.

When is there a settlement?

The judge will explain how they view the case, before giving the parties the opportunity to reach a solution (settlement) together outside the court (out-of-court settlement).

If the parties do manage to reach a solution, the settlement will be put in writing. It is a binding agreement, which both parties must honour.

If the parties fail to reach a solution, the judge will rule on the case themselves.

No ruling

Legal proceedings end without a ruling if:

• you, as the applicant, withdraw the proceedings;
• you reach an agreement through mediation;
• you reach a settlement with your employer.

If you have reached an agreement, then the judge may also record any arrangements made in a ruling.

Ruling

At the end of the hearing, the judge states when the ruling (decision) will be made. This is usually within 4 weeks after the hearing. The decision will be sent to you. If you have a lawyer or authorised representative, the decision will be sent to them, rather than directly to you.

Judgment

If the judge grants the application, the decision will state why they reached that judgment. Even if the judge rejects the appeal, the decision will tell you why.

Contractual end date

The district court can never dissolve the employment contract retroactively. In general, it takes the notice period into account.

Paying the opposing party's costs

The judge may rule that the losing party must pay all or part of the costs incurred by the other party. The judge determines the amount of the costs.

Costs of legal proceedings (in Dutch)

Appeal

If you do not agree with the district court's decision, you can appeal. In doing so, you submit your case to the Court of Appeal for a new hearing. This must be done within 3 months of the decision. The appeal must be lodged by a lawyer.

Appeal (in Dutch)

Judicial review

If you subsequently disagree with the Court of Appeal's decision, you have 3 months to apply to the Supreme Court for judicial review. Judicial review is an application made to the Supreme Court of the Netherlands to quash an earlier Court of Appeal decision. You will also need a lawyer to do this on your behalf.

Judicial review (in Dutch)