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Hearing and Improvement Opportunity Prior to Dismissal in Leiden: Employee Rights

The hearing and improvement obligation (art. 7:672(2) BW) in Leiden gives employees at the university or Bio Science Park the opportunity to defend themselves before dismissal. Learn obligations, local exceptions, and consequences of non-compliance for valid procedures.

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Hearing and Improvement Opportunity Prior to Dismissal in Leiden: Employee Rights

In Leiden, with its thriving university and high-tech sector at the Bio Science Park, employers must hear the employee before giving notice (art. 7:672(2) BW). This provides an opportunity for explanation and improvement, crucial for valid terminations at local companies such as university staff or startups.

What is the Hearing Obligation in Leiden?

Employers in Leiden, such as at Leiden University or LUMC, invite the employee to a meeting at the office or via Zoom, inform them of the intended dismissal and the reason. The employee may defend themselves and receive assistance from a trade union, lawyer, or even an advisor from the Juridisch Loket in Leiden (Stationsplein 28).

Improvement Opportunity in Case of Underperformance

In case of underperformance (a-ground), an improvement trajectory is mandatory: documented in writing with concrete goals and deadlines (art. 7:669(3) BW). In the Leiden labour market, this applies for a minimum of two months, with interim evaluations, for example for researchers who fail to meet publication targets.

Exceptions

  • No hearing obligation in case of urgent dismissal, such as an acute business crisis in Leiden-Noord, or in case of employee resignation.
  • For UWV permission: hearing obligation prior to application, relevant for unemployment benefit applications via the UWV office in The Hague, near Leiden.

Consequences of Non-Compliance

Termination null and void; the employee can demand continued payment of wages or seek dissolution with compensation from the District Court of The Hague, Leiden branch (Schuttersveld 1). Judges scrutinise strictly, with recent cases on local underperformance.

Practical Examples in Leiden

In case of illness: demonstrate redeployment plan, such as internal vacancies at Leiden University. In case of conduct: issue prior warnings, documented for evidence. In a recent case at a Leiden biotech company, the dismissal was annulled due to failure to comply with the hearing obligation.

Leiden employees: use the meeting to propose alternatives, such as retraining via ROC Leiden or career coaching. Employers: comply with the hearing obligation for risk-free termination in this tight labour market. (278 words)