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Challenging Dismissal in Leiden - Procedure and Deadlines

Have you been dismissed and find it unfair? In Leiden, you can challenge your dismissal at the sub-district court. Read everything about deadlines, procedures and your rights.

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Challenging Dismissal in Leiden - Procedure and Deadlines

Do you disagree with your dismissal? You can challenge it at the sub-district court in Leiden. Take note of the strict deadlines!

When is Challenging Possible?

  • Summary dismissal that you consider unjust
  • Termination without UWV permission
  • Dismissal in violation of a prohibition on dismissal (e.g. during illness or pregnancy)
  • Dissolution via the sub-district court

Important Deadlines

You have only 2 months after the dismissal date to initiate proceedings. This deadline is absolute; after this period, you can no longer take action.

What Can You Claim?

  • Restoration of your employment contract by annulment of the dismissal
  • A fair compensation as redress
  • Transition payment upon termination
  • Wages for the non-observed notice period

Steps in the Procedure

  1. Filing a petition with the District Court of The Hague, Leiden location
  2. Employer's response (defence)
  3. Oral hearing for explanation
  4. Ruling of the judge (decision)

Practical Advice

  1. Act quickly, as the 2-month period flies by
  2. Contact a lawyer in Leiden immediately
  3. Gather all relevant documents and evidence
  4. Register with the UWV for unemployment benefits

Legal basis: Articles 7:681 and 7:686 of the Dutch Civil Code

Frequently Asked Questions about Dismissal in Leiden

What are my rights as an employee in Leiden?

You are entitled to a safe workplace, minimum wage, paid holiday days and protection against discrimination or unfair treatment.

Can my employer dismiss me without reason?

No, dismissal often requires UWV approval and a valid reason. Prior warnings are usually necessary.

How much paid leave do I get per year?

You are entitled to at least 20 paid holiday days per year, unless your contract states otherwise. You can take this after requesting it.

What is a collective labour agreement (cao) and what does it mean for me?

A cao (collective labour agreement) records agreements between employers and trade unions on salary, working hours and other conditions.

What should I do if I am ill?

If you are ill, report this to your employer immediately. You are entitled to continued pay during the first two years of illness.

Additional Information on Challenging Dismissal

How much time do I have to initiate proceedings?
You have 2 months from the dismissal date to file a petition with the sub-district court. This period is not extendable, so be alert and seek help in time, for example via the Juridisch Loket Leiden at Stationsweg 46.

What are common reasons to challenge a dismissal?
You can take action in case of unlawful dismissal, such as summary dismissal without sufficient grounds, dismissal during a prohibition on dismissal (e.g. illness), or if the employer lacks UWV permission. You also have a case if the notice period is not observed or in case of discrimination. Ensure you have evidence such as correspondence or statements from colleagues.

Can I get my job back?
Yes, the court can annul the dismissal, allowing you to return to your job. If reinstatement is not feasible, for example due to a poor relationship with the employer, a fair compensation may be awarded. Consult a lawyer on what is realistic.

How does a procedure at the sub-district court work?
You start with a petition at the District Court of The Hague, Leiden location. The employer responds, followed by a hearing where both parties are heard. The judge then issues a ruling. This process takes on average 6 to 12 weeks. Legal assistance is recommended.

Am I entitled to a transition payment?
If you have been employed for at least 2 years, you are entitled to a transition payment, even if you challenge the dismissal. The amount is determined by your salary and length of service. If your contract is reinstated, this right lapses, but you can claim arrears of pay.

What does it cost to challenge a dismissal?
The costs include court fees (approximately €300-€500) and lawyer's fees (depending on the case). If you have a low income, you may be able to apply for a cost order for legal proceedings. Inquire about this at the Juridisch Loket Leiden.