Legal Encyclopedia
Comprehensive information about your rights and obligations. - Amsterdam
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.
Requirement to Provide Reasons for Dismissal in Amsterdam: When and How Must the Employer Justify?
Employers in Amsterdam must justify dismissals with concrete reasons (Article 7:672(3) BW). Discover local case law from the District Court of Amsterdam, when and how to justify dismissals, plus tips to avoid lawsuits before the subdistrict court in Amsterdam North or South.
Procedural Requirements for Summary Dismissal in Amsterdam
Summary dismissal in Amsterdam requires immediate, well-substantiated notification. Delays or vagueness may lead to invalidation by the local canton court. Employers must provide concrete evidence, including CCTV footage and witness statements in the city.
Employee Rights in Summary Dismissal in Amsterdam
Amsterdam employees may file for annulment of summary dismissal with the subdistrict court within two months, with continued wage payment until the ruling. Unemployment benefits and compensations remain; the employer must prove breach of duty.
Consequences of Invalid Summary Dismissal in Amsterdam
Invalid summary dismissal in Amsterdam forces reinstatement with back pay or high compensation via the Amsterdam District Court. Employers risk fines up to €20,000 per day and claims; reinstatement often fails due to conflict. Swift proceedings are crucial.
Case Law on Serious Negligence of Duty in Amsterdam Practice
Key Amsterdam rulings define negligence of duty through theft at Schiphol, violence in healthcare, and absenteeism. Local context and proportionality are crucial; cumulative factors carry significant weight. (32 words)
Summary Dismissal by the Employee in Amsterdam
Employees in Amsterdam may summarily dismiss for wage arrears or intimidation. Strict assessment of justification is required; risk of claims. Unemployment benefits via UWV possible.
Authority and Obligation to Enforce in Administrative Law: Amsterdam Practice
In Amsterdam, administrative bodies have the authority but not the obligation to enforce (Art. 5:1 Awb), unless mandatory law applies, such as in cases of illegal rentals. Justification is crucial; offenders may compel this through the courts, taking into account local pressures and policy.
Exceptions to the Transition Compensation in Amsterdam: When Are You Not Entitled?
Discover the key exceptions to the transition compensation specifically applicable in Amsterdam, such as in cases of culpable conduct, bankruptcy, or expiring fixed-term contracts. Learn when you are or are not entitled in the region.
Proportionality Principle in the Imposition of Enforcement Measures in Amsterdam
The proportionality principle (Article 3:4 of the General Administrative Law Act) requires that enforcement measures in Amsterdam be suitable, necessary, and proportionate. The municipality weighs the severity of the infringement, alternatives, and local circumstances, such as congestion in the canal district, to prevent arbitrariness.
Case Examples of Transition Compensation in Probation Period Disputes in Amsterdam
Explore case examples from Amsterdam case law where employees received transition compensation in cases of probation period dismissal, due to nullity or misuse of the probation period in the local labor market.
Service Charges in Temporary Rental Agreements in Amsterdam: Transparency and Settlement
Rules for service charges in temporary rental agreements in Amsterdam: specification, advances, and dispute resolution by the Rent Tribunal with local housing corporation insights.