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

# 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.