Motivation Requirement for Dismissal in Delft: When and How Must the Employer Provide Reasons?

# Motivation Requirement for Dismissal in Delft: When and How Must the Employer Provide Reasons? In Delft, with its thriving high-tech sector at TU Delft and innovative startups in the Technopolis, article 7:672(3) BW requires employers to motivate a notice of termination with concrete reasons, such as economic circumstances due to contraction in campus-related industry, underperformance or long-term illness (art. 7:669 BW). Without motivation, the notice of termination is null and void, which is crucial for Delft residents in sectors such as engineering and research. ## When Does the Motivation Obligation Apply in Delft? - Always in the case of employer-initiated termination, for example with TU spin-offs that are reorganizing due to subsidy cuts. - Not in the case of employee-initiated termination or mutual termination via a mediator in Delft. - Exception: urgent cause (no notice of termination, but summary dismissal, such as for misconduct in a lab). ## How to Motivate Correctly as a Delft Employer? The dismissal letter must describe specific facts, not vague terms. For underperformance: proof of an improvement trajectory, such as coaching via local HR advisors. In the case of reorganisation due to a decline in Delft high-tech orders: number of jobs, alternatives in the region and selection criteria according to the mirror principle. ## Consequences of Missing Motivation for Delft Residents The employee can demand dissolution or fair compensation from the sub-district court in The Hague (for Delft). The court tests 'reasonableness and fairness' (art. 7:671a BW), with recent cases from the Delft region where unmotivated dismissal led to high compensations. ## For Employees in Delft: Response to Motivation Immediately suspend the dismissal and prepare a defence at the local sub-district court. Request a hearing and improvement opportunity (art. 7:672(2) BW). In the case of incorrect motivation, such as erroneous reorganisation claims in the Technopolis, reinstatement in comparable roles or compensation is possible via trade unions such as FNV in Delft. Proper motivation prevents costly proceedings at the District Court of The Hague and high costs for Delft employers. Consult a local labour law attorney for TU-related cases. (248 words)