Dismissal procedure through the subdistrict court
A dismissal procedure through the subdistrict court is often not only an annoying, but also a complex matter. For you as an employee, this usually means that you have unintentionally ended up in a dismissal situation. If your employer applies for your dismissal through the subdistrict court, you can in some cases object to this. Whether such a process is promising depends to a large extent on the reason for the dismissal and on how strong your employer’s dismissal file is. However, it is always important to negotiate the conditions under which your employment contract will be terminated in a dismissal procedure through the subdistrict court. In particular, retaining your right to benefits and the amount of your severance pay are things to keep a close eye on.
Reason for dismissal
Not all dismissal cases go through the subdistrict court. If you are dismissed for business economic reasons or if you are dismissed after two years of illness, the application for dismissal will be submitted via the UWV. Dismissal procedures that go through the subdistrict court always have to do with dismissal for personal reasons. You can think of a disturbed employment relationship, or an industrial dispute, between you and your employer, or a refusal to work, for example because of strong conscientious objections in the performance of your work. Even if you are dismissed because you are not functioning properly, the procedure will go through the subdistrict court.
A dismissal procedure through the subdistrict court can also be initiated by you as an employee. For example, if you do not agree with a dismissal permit that has been approved by the UWV, if you were wrongfully dismissed with immediate effect or if your employer terminated your employment contract without the approval of the UWV or the subdistrict court. You can also challenge your dismissal before the subdistrict court if there is a prohibition on termination, for example because you are ill, or if your employer has not adhered to the applicable notice period.
Written phase of the dissolution procedure
If your employer wants to dismiss you for personal reasons, such as a labor dispute, dysfunction or culpable conduct, he must initiate proceedings before the subdistrict court. Your employer requests the court to dissolve your employment contract. This dissolution procedure has two phases, namely a written and an oral phase. The written phase means that your employer submits a petition to the subdistrict court with the request to terminate your contract. A valid reason must be given, which is usually substantiated by various appendices. Consider, for example, reports of performance interviews, which show that you are not performing well or that the employment relationship is seriously disrupted.
A copy of this petition will be forwarded to you by the judge, after which you will be given some time to file a statement of defence. In this statement of defense you can state and substantiate why you do not agree with the reason for the dismissal, or you can request a reasonable severance payment.
If you have started the dismissal procedure yourself through the subdistrict court, the process will of course be the other way around. In that case, you are the one who submits the petition to the court, for example requesting annulment of your dismissal, and your employer is the opposing party who can respond to your request by means of a statement of defence.
The Oral Phase
The second phase in the dissolution procedure is the oral phase, or the court hearing. This takes place some time, usually about four to six weeks, after the petition has been filed. During this hearing, both parties will have to appear before the subdistrict court, where the application and the statement of defense can be explained and mutual reactions to each other’s points of view can be given. The subdistrict court can also ask questions to both parties. After the hearing, you usually have to wait a few weeks for the judge’s decision. This decision, also known as a decision, is made in writing.
A dismissal procedure through the subdistrict court is a complicated matter, involving many legal rules. In addition, it is often an emotionally intensive period for you as an employee. To ensure that you take the right steps, it is recommended that you seek the help of an experienced lawyer. We can guide you in the dismissal process and in the process of going to court. With our knowledge of dismissal law, we can negotiate for you and assist you during legal proceedings, so that you can defend yourself as well as possible against your dismissal or receive the highest possible severance payment. Please contact us directly to discuss the possibilities, we will be happy to assist you.