Prohibited Dismissal Reasons Rotterdam: When May an Employer NOT Dismiss You?
In Rotterdam and the rest of the Netherlands, employers may not dismiss you arbitrarily. The law strictly protects employees against discriminatory or unlawful dismissal. Discover in this article which dismissal reasons are prohibited, your rights in the Rotterdam region and how you can defend yourself at the Rechtbank Rotterdam.
Statutory Protection: Article 7:670 BW
The core of dismissal protection is Article 7:670 BW from the Dutch Civil Code. This prohibits dismissal for reasons unrelated to work performance or business interests. In Rotterdam, in case of unlawful dismissal, you can go to the Rechtbank Rotterdam, Wilhelminaplein 100-125 or the Juridisch Loket Rotterdam, Westblaak 180 for free advice.
Other important laws:
- AWGB - General Equal Treatment Act
- Wgbh/cz - Equal Treatment on Grounds of Disability or Chronic Illness Act
- WGBL - Prohibition of Age Discrimination Act
- Book 7 BW - Labour law provisions
Complete List of Prohibited Dismissal Reasons Rotterdam
Below is an overview of all statutorily prohibited grounds for dismissal, with specific Rotterdam help lines:
| Prohibited Reason | Statute | Rotterdam Help |
|---|---|---|
| Pregnancy/childbirth | 7:670(1) BW | Dismissal prohibition during pregnancy + 6 weeks after childbirth |
| Trade union membership | 7:670(2)(a) BW | Protection for trade union activities |
| Race/ethnicity | 7:646 BW / AWGB | Rechtbank Rotterdam: discrimination case |
| Religion/belief | 7:646 BW / AWGB | Juridisch Loket Westblaak 180 |
| Gender | 7:646 BW / AWGB | Equal pay, equal dismissal rights |
| Sexual orientation | 7:646 BW / AWGB | LHBTQ+ discrimination prohibited |
| Marital status | 7:646 BW / AWGB | No distinction married/single |
| Political opinion | 7:646 BW / AWGB | Political preference protected |
| Age | WGBL / 7:646 BW | No age discrimination |
| Disability/illness | Wgbh/cz / 7:646 BW | 104-week dismissal prohibition during illness |
| Part-time/full-time | 7:648 BW | Equal rights for part-time workers |
| Contract type | 7:649 BW | No distinction permanent/temporary |
| Military service | 7:670(5) BW | Dismissal prohibition military service |
| Works council/PVT member | 7:670(2) BW | Co-determination members protected |
| Leave periods | 7:670(3) BW | Pregnancy/parental leave |
| Whistleblowing | House for Whistleblowers Act | Reporting misconduct protected |
What to Do in Case of Unlawful Dismissal in Rotterdam?
Step 1: Immediately contact Juridisch Loket Rotterdam (Westblaak 180) for free initial advice.
Step 2: Challenge the dismissal at Rechtbank Rotterdam (Wilhelminaplein 100-125) within 2 months.
Step 3: In case of discrimination: report to the Netherlands Institute for Human Rights.
Rotterdam Examples of Unlawful Dismissal
- Dismissal of pregnant port worker: annulled by Rechtbank Rotterdam
- Trade union activist in Rotterdam metal sector: dismissal prohibition applied
- Age discrimination 50-plusser: compensation €25,000
Important: In case of prohibited dismissal, you can claim dismissal protection, compensation and reinstatement.