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Dissolution Request Canton Court Amsterdam: Procedure and Conditions

Discover the procedure for a dissolution request at the canton court in Amsterdam: grounds, steps, and local contacts such as Rechtbank Amsterdam and Juridisch Loket.

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Dissolution Request Canton Court Amsterdam: Complete Guide for Employers and Employees

A dissolution request at the canton court in Amsterdam is a legal step to terminate an employment contract via the court. It serves as an alternative to summary dismissal or a settlement agreement. In this guide for Amsterdam, we explain what it entails, the conditions, and the exact course of the procedure.

What Does a Dissolution Request at the Canton Court in Amsterdam Mean?

This is an official request to the canton court to dissolve the employment contract. Both employers and employees in Amsterdam can file this. The court assesses whether a reasonable ground exists and may determine compensation. The provision is set out in Article 7:671b Dutch Civil Code (BW) and provides a clear route for termination when other avenues fail.

Statutory Basis: Article 7:671b BW

Article 7:671b BW provides that the canton court dissolves the employment contract on a reasonable ground. The dismissal grounds are:

Reasonable Dissolution Grounds

  1. Business economic grounds (a-ground): Positions falling away due to economic reasons
  2. Long-term illness (b-ground): More than 104 weeks ill without prospect of recovery
  3. Dysfunction (c-ground): Insufficient performance despite support
  4. Blameworthy conduct (d-ground): Seriously blameworthy act or omission
  5. Disturbed relationship (e-ground): Irreparably disturbed employment relationship
  6. Refusal of reintegration (f-ground): Failure to cooperate in redeployment
  7. Other circumstances (g-ground): Other compelling reasons
  8. Mixed grounds (h-ground): Combination of the above

When to File a Dissolution Request in Amsterdam?

For Employers in Amsterdam

  • Dysfunction after failed improvement trajectories
  • Irreparably disturbed relationship
  • Reorganisation with job loss
  • Conduct that does not justify urgent dismissal
  • Failed negotiations on settlement agreement

For Employees in Amsterdam

  • Non-compliance with obligations by employer
  • Toxic work atmosphere
  • Blameworthy employer conduct
  • No prospect of improvement

Procedure Step by Step at Rechtbank Amsterdam

Step 1: UWV or Directly Canton Court?

Under the Work and Security Act (Wwz), UWV permission is often required, except for d- and e-grounds: go directly to canton court Amsterdam.

Step 2: Filing the Petition

File at the Rechtbank Amsterdam, Parnassusweg 220, 1071 AG Amsterdam. The document contains:

  • Details of the parties
  • Dismissal ground(s)
  • Detailed substantiation with evidence
  • Primary and subsidiary requests
  • Request for compensation

Step 3: Court Fee and Hearing Scheduling

Pay the court fee; the registry sends it to the other party and schedules a hearing within 4-6 weeks.

Step 4: Response of the Other Party

The defendant responds in writing before the hearing.

Step 5: Hearing at Rechtbank Amsterdam

Parties explain their positions. The judge probes and may mediate. Bring a lawyer; free advice via Juridisch Loket Amsterdam, Vijzelstraat 77, 1017 HG Amsterdam.

Step 6: Judgment

Within 2-4 weeks, the ruling follows with:

  • Granting/rejection
  • End date
  • Transition payment
  • Fair compensation in case of serious blame

Rechtbank Amsterdam: Parnassusweg 220, 1071 AG Amsterdam
Juridisch Loket: Vijzelstraat 77, 1017 HG Amsterdam

Always consult a specialist for your specific case.