Requirement to Provide Reasons for Dismissal in Tilburg: When and How Must the Employer Justify?

# Requirement to Provide Reasons for Dismissal in Tilburg: When and How Must the Employer Justify? Article 7:672(3) of the Dutch Civil Code (BW) requires employers in Tilburg to justify dismissals with concrete reasons, such as business-economic circumstances in the local textile industry, underperformance, or long-term illness (Article 7:669 BW). Without justification, the dismissal is null and void, which often leads to disputes before the subdistrict court in Tilburg. ## When Does the Obligation to Provide Reasons Apply in Tilburg? - Always in cases of employer-initiated dismissal, for example, when closing factories on Spoorlaan. - Not applicable in cases of employee-initiated resignation or mutual termination via a settlement agreement. - Exception: urgent reasons, such as summary dismissal for theft in a Tilburg warehouse (no notice required). ## How to Justify Correctly in Tilburg Practice? The dismissal letter must describe specific facts, avoiding vague terms. In cases of underperformance in the healthcare sector (e.g., Amphia Hospital): provide evidence of an improvement plan with records. In cases of restructuring in the manufacturing industry: specify the number of jobs being eliminated, alternatives such as retraining via Werkzaak Tilburg, and regional labor market statistics. ## Consequences of Missing Justification at the Oost-Brabant District Court Employees may request dissolution of the employment contract or fair compensation from the subdistrict court in Tilburg (Article 7:671a BW). The court assesses based on 'reasonableness and fairness,' with recent cases on local restructuring serving as precedent. ## For Employees in Tilburg: Responding to Justification Immediately suspend the dismissal and prepare a defense for the Oost-Brabant District Court. Request a hearing and an opportunity for improvement (Article 7:672(2) BW). In cases of incorrect justification: potential for redeployment within Tilburg companies or compensation, supported by UWV data on the region. Proper justification prevents costly proceedings in Tilburg and high legal fees. Consult local experts, such as law firms on Heuvelstraat.