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Part 2: Firing employees in the Netherlands

31 Friday Aug 2018

Posted by Blend In in Dutch Expat, Dutch Law, Employment, Expat Integration

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Dutch Employment Law, Employment Law, Firing in Netherlands, Netherlands Employment Law, Netherlands Law

Refer Part 1 here

Even though you wanted to talk to Linda, it did not happen. And the day came when you were at the court. Linda asked you to come early to have a quick chat. Linda appears to be a young girl and not a veteran lawyer as you thought. Linda started to explain the process.

Lex

The judge will hear the explanations from both lawyers. And then the judge will give a clue what his decision is going to be. He then would let both parties settle it themselves for 5-10 mins outside the court. We go back inside, if still not settled then the judge will announce his decision after a week or two.

Linda then tells me something that puzzled me. As an employee whom the employer wants to fire, you cannot say anything against the employer. You need to prove that you can get along well. Because you want to continue working for the company. This arose a lot of questions

  • An employee is in an awkward position if it reaches here. Cannot accuse employer, he might hate the employer but needs to prove he likes to continue working there.
  • The employer cannot be accused of anything.
  • Linda doesn’t need to spend time learning the case, she can just state a few general points and that is it!

So the session started. Judge first asked the employer jurist to state their viewpoint. He did. And then it was our turn. Linda started to speak. She said a few lines.. a summary and core points. She wanted to mention a particular line from the case file, but could not find it.

[to be cont.]

 

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