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Right to be Heard and Opportunity to Improve Before Dismissal in Amsterdam: Employee Rights

The right to be heard and opportunity to improve (Article 7:672(2) BW) protects Amsterdam employees by ensuring a hearing before dismissal. Learn about obligations, local exceptions, and consequences of violations for fair procedures in the city.

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Right to be Heard and Opportunity to Improve Before Dismissal in Amsterdam: Employee Rights

In Amsterdam's dynamic labor market, where hospitality, tech startups, and creative sectors thrive, an employer must hear the employee before termination (Article 7:672(2) of the Dutch Civil Code (BW)). This provides an opportunity for explanation, improvement, and alternatives, which is crucial for valid dismissals at local companies such as Booking.com or neighborhood cafés.

What is the Right to be Heard in Amsterdam Practice?

The employer invites the employee for a meeting in Amsterdam, informs them about the intended dismissal and the reason, often related to underperformance in the fast-paced urban economy. The employee is entitled to defend themselves and may be assisted by a trade union such as FNV Amsterdam or a lawyer from the Legal Counter (Juridisch Loket) in the city.

Opportunity to Improve in Cases of Underperformance

In cases of underperformance (ground a), an improvement plan is mandatory: documented in writing with concrete goals and timelines (Article 7:669(3) BW). In the Amsterdam context, consider adjustments for hybrid work post-COVID, with a minimum duration of two months, interim evaluations, and support from local outplacement agencies.

Exceptions with Local Nuances

  • No right to be heard in cases of summary dismissal, such as seasonal workers in Amsterdam’s tourism sector, or when the employee resigns.
  • When UWV (Employee Insurance Agency) approval is required: the right to be heard applies before the application, but the UWV office on Rijnstraat in Amsterdam can act swiftly.

Consequences of Violation in Amsterdam

Dismissal is null and void; the employee may claim continued payment of wages through the subdistrict court in Amsterdam-Noord or demand dissolution with a transition payment. Judges in the city enforce this strictly, with recent cases involving self-employed workers in the gig economy.

Practical Examples from Amsterdam

In cases of illness: present a redeployment plan, taking into account local jobs in the healthcare sector. In cases of misconduct: issue prior warnings, such as for night staff in the city center. Document everything for evidence in proceedings at the Amsterdam District Court.

Amsterdam employees: use the meeting to propose alternatives, such as retraining via ROC Amsterdam or part-time work. Employers: comply with the right to be heard to ensure risk-free termination in this competitive market.

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