Prohibited Dismissal Reasons in Leiden: When May Your Employer NOT Dismiss You?
In the Leiden region, the same strict Dutch dismissal rules apply as nationally. Employers may not dismiss you arbitrarily on discriminatory or prohibited grounds. Discover in this article the protected dismissal reasons, your rights and local resources such as the Juridisch Loket in Leiden.
Legal Basis: Article 7:670 BW and More
Central to this is Article 7:670 BW from the Dutch Civil Code, which protects employees in Leiden and surrounding areas against unlawful dismissal. This prohibits termination for reasons unrelated to work performance or business interests. Judicial review often takes place at the District Court of The Hague, Leiden Location.
Important supplementary laws:
- General Equal Treatment Act (AWGB) - Against discrimination
- Equal Treatment on Grounds of Disability or Chronic Illness Act (Wgbh/cz)
- Equal Treatment on Grounds of Age Act (WGBL)
- Dutch Civil Code Book 7 - Labour law rules
Complete Overview of Prohibited Dismissal Reasons
Below is an up-to-date overview of dismissal grounds that are absolutely prohibited for Leiden employers:
| Prohibited Dismissal Reason | Legal Basis | Explanation for Leiden |
|---|---|---|
| Pregnancy and childbirth | Article 7:670(1) BW | Prohibition on termination during pregnancy and 6 weeks postpartum; also applies to Leiden university employees |
| Trade union membership | Article 7:670(2)(a) BW | Protection for FNV or CNV members, regardless of sector in Leiden |
| Race or ethnic origin | Article 7:646 BW / AWGB | No dismissal due to origin; relevant in diverse Leiden work environments |
| Religion or belief | Article 7:646 BW / AWGB | Religion may not play a role in dismissal decisions |
| Gender | Article 7:646 BW / AWGB | Equal treatment of men/women mandatory |
| Sexual orientation | Article 7:646 BW / AWGB | LGBTQ+ protection against discriminatory dismissal |
| Civil status | Article 7:646 BW / AWGB | No distinction based on marriage or relationship |
| Political opinions | Article 7:646 BW / AWGB | Political preference irrelevant for dismissal |
| Age | WGBL / Article 7:646 BW | Age discrimination prohibited, except objectively justified |
| Disability or chronic illness | Wgbh/cz / Article 7:646 BW | Additional adjustments required before dismissal |
| Part-time/full-time | Article 7:648 BW | Equal opportunities for flex workers in Leiden |
| Contract type | Article 7:649 BW | No preference for permanent over temporary contracts |
| Illness (first 2 years) | Article 7:670(1) BW | 104 weeks prohibition on termination in case of incapacity for work |
| Military or substitute service | Article 7:670(5) BW | Protection during military service |
| Works council or personnel representation committee membership | Article 7:670(2) BW | Specially protected in Leiden enterprises |
| Leave periods | Article 7:670(3) BW | Prohibition on termination during parental or maternity leave |
| Whistleblowing | House for Whistleblowers Act | Prohibition on retaliation after reporting misconduct |
Special Protection in Leiden
During illness, leave or trade union activities, an absolute prohibition on termination applies. In case of suspected violation, you can go to the District Court of The Hague, Leiden Location (Bredestraat 5, Leiden) for dismissal review.
What to Do in Case of Unlawful Dismissal?
1. Immediately contact the Juridisch Loket Leiden (Stationsweg 46, 2311 CH Leiden, tel: 0900-8020). 2. File opposition with the cantonal judge within 2 months. 3. Consider mediation via the Juridisch Loket or a labour law attorney in Leiden.
Remedy is possible: nullification of dismissal, compensation or reinstatement.