Right to be Heard and Opportunity for Improvement Prior to Dismissal in Tilburg: Employee Rights

{"heading":"Right to be Heard and Opportunity for Improvement Prior to Dismissal in Tilburg: Employee Rights","introduction":"In Tilburg, with its vibrant economy centered around the University and companies such as ASML suppliers, an employer must hear the employee prior to termination (Article 7:672(2) of the Dutch Civil Code). This provides an opportunity for explanation and improvement, which is crucial for valid procedures before local cantonal judges.","sections":[{"heading":"What is the Right to be Heard in Tilburg Practice?","content":"The employer invites the employee for a meeting at the office or via Zoom, informs them about the intended dismissal and the specific reason, such as declining performance in Tilburg's manufacturing industry. The employee is entitled to defend themselves and may be assisted by a trade union representative from FNV Tilburg or a lawyer from the Legal Counter in the Spoorzone."},{"heading":"Opportunity for Improvement in Case of Underperformance","content":"In cases of underperformance (ground a), an improvement plan is mandatory: documented in writing with concrete goals, timelines, and support, such as training via ROC Tilburg (Article 7:669(3) of the Dutch Civil Code). This plan lasts at least two months, with interim evaluations and feedback sessions."},{"heading":"Exceptions","content":["No right to be heard in cases of summary dismissal, for example, in the event of theft in a Tilburg warehouse, or if the employee resigns themselves.","When UWV (Employee Insurance Agency) approval is required in Tilburg: the right to be heard applies before submitting the application to the UWV office on Lovenslaglaan."]},{"heading":"Consequences of Violation","content":"An invalid dismissal results in continued wage payment or a dissolution request with a transition payment. The cantonal judge in Tilburg strictly monitors this, as seen in recent cases involving healthcare institutions in the Reeshof district."},{"heading":"Practical Examples from Tilburg","content":["In cases of long-term illness: present a redeployment plan with vacancies at local employers such as the municipality or textile factories.","In cases of unwanted behavior: provide prior written warnings, documented for the court.","In the hospitality sector around Heuvelstraat, we often see successful improvement plans with retraining for sustainable jobs."]}],"conclusion":"Employees in Tilburg: use the hearing to propose alternatives, such as internal retraining via Werkzaak Tilburg. Employers: comply with the right to be heard to avoid risks before the local court. (287 words)"}