Employment Law – Termination of employment contracts based on REASONABLE GROUNDS

There are different ways in which an employment contract may legally be terminated. One of these methods is termination based on reasonable grounds.

The employer may terminate the employment contract if

(1)          there are reasonable grounds for termination and

(2A)        re-employment in another suitable position is impossible within a reasonable time, with or without                 the aid of training, or

(2B)        such re-employment cannot be reasonably expected from the employer.

Depending on the reasons for termination, the employer should either (a) gain permission from the Employment Insurance Agency (UWV), or (b) request dissolution of the employment contract by the courts.

If the termination of the employment contract (i) is based on economic grounds or (ii) occurs after a period of illness of more than two years, the employer will first have to obtain permission from the UWV to terminate the employment contract.

If the termination of the employment contract is based on reasonable grounds other than the aforementioned grounds (i or ii), the employer may only request the court to terminate the employment contract. Such other reasonable grounds include non-performance and a serious conflict between employer and employee.

Click here for the introductory Blogarticle on termination of employment contracts. If you have any questions regarding this matter please don’t hesitate to contact us by using our contact form or telephone: +31 (0) 20 – 68 98 123 or e-mail: info@noordamadvocatuur.nl.