Dismissal in the event of a disturbed employment relationship

Termination in Case of a Disrupted Employment Relationship in the Netherlands: Rights and Possibilities

A healthy and productive employment relationship is crucial for both employers and employees. Unfortunately, situations can arise where the dynamics within an organization become disrupted. In the Netherlands, there are certain circumstances under which termination is possible due to a disrupted employment relationship. This article discusses the conditions and rights that employees have in such situations.

Disrupted Employment Relationship: What Does it Entail?

A disrupted employment relationship refers to a situation where the rapport between the employer and the employee has deteriorated to a point where cooperation becomes nearly impossible. This can stem from disagreements, conflicts, miscommunication, bullying, discrimination, or other issues that negatively affect the work environment.

Termination Due to Disrupted Employment Relationship: Conditions

Termination due to a disrupted employment relationship is possible, but there are specific conditions to consider:

1. Documentation: Prior to taking steps to terminate an employee due to a disrupted employment relationship, a solid record must be established. This record should contain evidence of the issues and attempts to improve the situation.
2. Significant Issues: The disruption must be serious enough to warrant the termination. Minor disagreements typically do not suffice as grounds for dismissal.
3. Efforts for Resolution: The employer must have made documented efforts to resolve the disrupted relationship. This could involve mediation, conflict resolution methods, or other approaches.
4. Sustained Impact: The disruption must have had a proven and lasting impact on the work environment and productivity. It cannot simply be a short-lived conflict.

Employee Rights

Employees also have rights when facing termination due to a disrupted employment relationship:

1. Right to Be Heard: Before an employer proceeds with termination, the employee has the right to present their side of the story and be heard. This can occur through a discussion with the employer or in the presence of a representative.
2. Severance Pay: In case of termination due to a disrupted employment relationship, an employee may be entitled to severance pay. This could be a statutory severance payment or an additional sum negotiated between the parties.
3. Right to Appeal: If an employee disagrees with the termination, they have the right to raise objections with the employer and even file an appeal with the district court.

How much compensation in case of dismissal?

Most employees who are dismissed are entitled to the so-called transition payment. The amount of this compensation is 1/3 monthly salary per year of service. However, if the disturbed relationship can be blamed on the employer in particular, or if the employer has done too little to improve the relationship, a higher compensation can be argued. Our experienced negotiators can help you with this. Do you want the best result?, call or email us!

Finally:

Termination due to a disrupted employment relationship is possible under strict conditions and while respecting employees' rights. It is essential for employers and employees to strive for open communication and collaboration to prevent or resolve conflicts. However, if a disruption proves insurmountable, Dutch labor law provides a framework for a fair termination process.

The dismissal specialists at Ontslagspecialist know the requirements for dismissal like no other. So: if you have been dismissed due to a disturbed relationship?: Call our dismissal specialists as soon as possible.

Call: 0900 – 123 73 24 or email us. The first advice is for FREE