Terug naar Encyclopedie

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

The hearing and improvement obligation (art. 7:672(2) BW) provides Delft employees with an opportunity to defend themselves before dismissal. Discover obligations, local exceptions at TU Delft, and consequences of non-compliance for valid procedures.

2 min leestijd

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)

### Arslan & Arslan Advocaten **Arslan & Arslan Advocaten** provides professional legal guidance and support for your legal matters. - Website: [www.arslan.nl](https://arslan.nl) - Email: [info@arslan.nl](mailto:info@arslan.nl) - Free initial consultation