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Dissolution Request Canton Court Leiden: Procedure and Conditions

Discover the procedure for a dissolution request at the canton court in Leiden: grounds, steps and local info for District Court The Hague, Leiden Location.

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Dissolution Request Canton Court Leiden: Complete Guide for Employers and Employees

A dissolution request at the canton court in Leiden is a legal step to terminate an employment contract via the court. This alternative to summary dismissal or settlement agreement is ideal when parties cannot reach agreement themselves. In this guide for Leiden, we explain the procedure, including local institutions such as the District Court The Hague, Leiden Location.

What Does a Dissolution Request in Leiden Mean?

A dissolution request to the canton court in Leiden is an official request to dissolve the employment contract. Both employers and employees can file this with the District Court The Hague, Leiden Location. The judge assesses whether there is a reasonable ground and may award compensation. This falls under Article 7:671b Dutch Civil Code (BW).

Statutory Basis: Article 7:671b BW

Article 7:671b BW regulates dissolution on request. The canton court in Leiden dissolves the agreement if there is a reasonable ground, such as the statutory dismissal grounds:

Reasonable Dissolution Grounds

  1. Business economic (a-ground): Positions falling away due to economic reasons
  2. Long-term illness (b-ground): More than 104 weeks work-disabled without prospect of recovery
  3. Underperformance (c-ground): Insufficient performance despite support
  4. Blameworthy conduct (d-ground): Seriously blameworthy acting or failing to act
  5. Disturbed relationship (e-ground): Irreparably disturbed employment relationship
  6. Refusal of reintegration (f-ground): No cooperation in reintegration
  7. Other circumstances (g-ground): Other compelling reasons
  8. Combination grounds (h-ground): Mix of the above grounds

When to File a Dissolution Request at Canton Court Leiden?

For Employers in Leiden

  • Underperformance after failed improvement processes
  • Irreparable conflicts in the workplace
  • Restructurings with job losses
  • Conduct that does not justify urgent dismissal
  • Failed negotiations on settlement agreement

For Employees in Leiden

  • Non-compliance by employer with obligations
  • Toxic work atmosphere
  • Blameworthy employer conduct
  • No prospect of better situation

Procedure Step by Step at Leiden District Court

Step 1: UWV or Directly Canton Court?

For a, b, c, f, g or h-ground, first UWV permission. Directly to canton court Leiden for d- or e-ground (Work and Security Act).

Step 2: Filing the Petition

File with District Court The Hague, Leiden Location (Stationsplein 45, 2315 BC Leiden). Include:

  • Details of parties
  • Dismissal ground(s)
  • Detailed substantiation with evidence
  • Primary and subsidiary requests
  • Compensation claim

Step 3: Court Fee and Hearing Scheduling

Pay court fee (€85 for individuals, €445 for companies). Registry sends summons and schedules hearing within 4-6 weeks.

Step 4: Response of Respondent

Respondent responds in writing before the hearing.

Step 5: Hearing in Leiden

Parties explain their position. Judge questions and may mediate. Bring an employment law attorney – consult Juridisch Loket Leiden, Stationsweg 46.

Step 6: Ruling

Within 2-4 weeks judgment: granting/rejection, end date, transition payment and/or fair compensation in case of seriously blameworthy conduct.

Local Contacts:

  • District Court The Hague, Leiden Location: Stationsplein 45, 2315 BC Leiden
  • Juridisch Loket Leiden: Stationsweg 46, 2311 CH Leiden

Always consult a local expert for your specific situation.

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