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

# Hearing and Improvement Opportunity Prior to Dismissal in Delft: Employee Rights In Delft, with its thriving tech and education sector at TU Delft and companies in the Technopolis, an employer must hear the employee before giving notice (art. 7:672(2) BW). This provides an opportunity for explanation, improvement, and alternatives such as retraining through local initiatives, essential for a valid termination. ## What is the Hearing Obligation in Delft Practice? Employers in Delft, from startups in the Zuiderpoort district to university staff, invite the employee for a meeting. They inform about the intended dismissal and the reason, such as underperformance or reorganization. The employee may defend themselves and receive assistance from a trade union, lawyer, or even an advisor from the Juridisch Loket in Delft. ## Improvement Opportunity in Case of Underperformance In case of underperformance (a-ground), an improvement trajectory is mandatory: documented in writing with concrete goals, deadlines, and support (art. 7:669(3) BW). In the Delft context, such as for technical roles on campus, this lasts at least two months with interim evaluations and possibly training via local ROC Mondriaan. ## Exceptions - No hearing obligation in case of urgent dismissal, such as with direct colleagues in smaller Delft SMEs, or in case of employee-initiated termination. - For UWV permission: hearing obligation prior to application, relevant for collective redundancies in the region. ## Consequences of Non-Compliance An invalid termination leads to continued payment of wages or dissolution with compensation via the subdistrict court in The Hague. Delft judges scrutinize strictly, especially for knowledge workers. ## Practical Examples from Delft In case of illness: demonstrate a redeployment plan, taking into account nearby jobs in the Delft-Rotterdam region. In case of misconduct: provide prior warnings, such as in project teams at TU Delft. Document everything digitally for evidence. Delft employees: use the meeting to propose alternatives, such as part-time work or retraining via Delft networks. Employers: comply with the hearing obligation to avoid risks in this competitive labor market. (278 words)