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

# Hearing and Improvement Opportunity Prior to Dismissal in Rotterdam: Employee Rights In the bustling port city of Rotterdam, where thousands of employees are active in logistics, the maritime sector, and port companies, an employer must hear the employee before giving notice (art. 7:672(2) BW). This provides an opportunity for explanation and improvement, crucial for valid terminations at local companies such as Port of Rotterdam or Erasmus MC. ## What is the Hearing Obligation in Rotterdam Practice? The employer invites the employee to a meeting, informs them about the intended dismissal and the reason, such as seasonal pressure in the port or underperformance in a shift team. The employee may defend themselves and be assisted by a trade union representative from FNV Haven or a lawyer from the Rotterdam Legal Aid Office. ## Improvement Opportunity in Case of Underperformance In case of underperformance (a-ground), often seen in collective labour agreements in the Rotterdam industry, an improvement trajectory applies: documented in writing with concrete goals, deadlines, and support such as training via local Training and Development Funds (art. 7:669(3) BW). At least two months, with interim evaluations and feedback. ## Exceptions - No hearing obligation in case of urgent dismissal, such as acute safety risks in the port, or employee-initiated termination. - For UWW permission via the Rotterdam UWW office: hearing obligation before submitting the application. ## Consequences of Non-Compliance Termination null and void; the employee can claim continued payment of wages or seek dissolution with transition payment from the Rotterdam District Court. Judges in The Hague (for Rotterdam) scrutinize strictly, with recent cases involving port personnel. ## Practical Examples from Rotterdam In case of illness: demonstrate a redeployment plan within the organization, such as switching to office roles at ECT. In case of misconduct: give prior warnings, documented in accordance with the Port collective labour agreement. For economic reasons due to declining container volumes: involve the works council. Rotterdam employees: use the meeting to propose alternatives, such as retraining via Werk Leer Bedrijf Rijnmond. Employers: comply with the hearing obligation to avoid risks in sub-district court cases. This keeps the Rotterdam labour market fair and dynamic. (312 words)