Dismissal Due to Culpable Conduct in Leiden

In cases of seriously culpable conduct or negligence, an employer in Leiden may terminate the employment contract via the sub-district court. This falls under ground e of Article 7:669 of the Dutch Civil Code.

What Does Culpable Conduct Mean?

Culpable conduct means that an employee has behaved in such a way that the employer cannot reasonably be expected to continue the employment contract. This often involves deliberate inappropriate behaviour.

Examples of Culpable Conduct

• Frequently arriving late despite multiple warnings
• Unauthorized absence
• Ignoring clear instructions
• Breaching a non-disclosure clause
• Engaging in side activities without permission
• Minor forms of fraud or theft (less serious than summary dismissal)
• Inappropriate behaviour towards colleagues or clients

Difference from Summary Dismissal

In cases of culpable conduct, the behaviour is serious, but not serious enough for summary dismissal. Therefore, the matter must be handled via the sub-district court in Leiden, part of the District Court of The Hague.

Steps in the Procedure

1. The employer gathers evidence of the culpable conduct
2. The employee receives official warnings
3. The employer files a request for dissolution with the sub-district court
4. An oral hearing takes place
5. The judge decides on the dissolution

Obligation to Warn

An employer must in principle warn the employee and give them the opportunity to adjust their behaviour, unless the conduct is so serious that this is not feasible.

Transition Payment upon Dismissal

In standard culpable conduct: entitlement to transition payment.

In cases of very serious culpable conduct: no entitlement to transition payment.

Frequently Asked Questions about Dismissal in Leiden

When is Conduct Considered 'Seriously Culpable'?

Seriously culpable conduct includes matters such as fraud, theft or repeated and deliberate misconduct.

How Can I Prove My Innocence?

You can submit a statement of defence to the sub-district court in Leiden and explain your version of events during the hearing.

Legal basis: Article 7:669 paragraph 3 sub e of the Dutch Civil Code

Frequently Asked Questions

What are my rights as an employee in Leiden?

You have the right to a safe workplace, fair pay, vacation days, and protection against discrimination or unequal treatment.

Can an employer dismiss me without reason?

No, dismissal must usually be approved by the UWV or the sub-district court and be based on valid grounds. Warnings are often required.

How many vacation days am I entitled to?

You are entitled to at least 20 paid vacation days per year, unless otherwise agreed in your employment contract.

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

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

What are the rules in case of illness?

In case of illness, you must immediately inform your employer. You are entitled to continued pay during the first two years of illness.

Contact and Support in Leiden

For legal assistance, you can go to the Juridisch Loket Leiden, located at Stationsweg 46. For matters regarding dismissal due to culpable conduct, the procedure is handled at the District Court of The Hague, Leiden location.