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

# Motivation Requirement for Dismissal in Rotterdam: When and How Must the Employer Provide Reasons? In the vibrant port city of Rotterdam, article 7:672(3) BW obliges employers to motivate a notice of dismissal with concrete reasons, such as business economic circumstances due to declining container volumes, underperformance or long-term illness (art. 7:669 BW). Without motivation, the notice of dismissal is null and void, which in Rotterdam logistics companies or port companies often leads to disputes at the Rotterdam cantonal court. ## When Does the Motivation Obligation Apply in Rotterdam? - Always in case of employer-initiated dismissal, for example in Maasvlakte reorganizations. - Not in case of employee-initiated dismissal or mutual termination via a settlement agreement. - Exception: urgent cause (summary dismissal), such as serious misconduct at a Rotterdam shipyard. ## How to Motivate Correctly as a Rotterdam Employer? The dismissal letter must describe specific facts, not vague terms. In case of underperformance: proof of an improvement trajectory, aligned with local collective labour agreements such as the CAO Havenarbeid. In case of reorganization due to port automation: number of jobs at the docks, alternative positions in the Rotterdam region and redeployment efforts. ## Consequences of Missing Motivation in Rotterdam The employee can demand dissolution or a fair compensation from the District Court of Rotterdam (Cantonal Division). The judge tests 'reasonableness and fairness' (art. 7:671a BW), taking into account the local labour market with high unemployment in industry. ## For Rotterdam Employees: Response to Motivation Suspend immediately upon receipt and prepare a defense at the Rotterdam cantonal court. Request a hearing and improvement opportunity (art. 7:672(2) BW). In case of incorrect motivation, such as a too general reorganization reasoning due to port competition, redeployment in the region or compensation is realistic. Consult trade unions such as FNV Haven for support. Proper motivation prevents costly proceedings at the District Court of Rotterdam and high compensations. (248 words)