Onregelmatige opzegging
Irregular termination
Irregular termination is the termination of an employment contract in which the statutory or contractual notice rules, such as the notice period or procedure, are not complied with.
In Dutch employment law, irregular termination refers to the termination of an employment relationship that fails to comply with the requirements of statute or the employment contract. This may occur, for example, where the applicable notice period is not observed, where no reasonable ground for termination exists, or where the mandatory procedure before the UWV is not followed.
The concept is relevant because an irregular termination entitles the aggrieved party to compensation, typically equivalent to the remuneration payable over the period that should have been observed. The subdistrict court may also order reinstatement of the employment contract where the termination is found to be manifestly unreasonable.
In practice, irregular termination commonly arises in cases of hasty dismissals in which employers fail to observe the formal requirements of the Work and Security Act, leading employees to seek redress through the courts.
“The employee submitted that the termination was irregular because the employer had failed to observe the notice period and therefore claimed damages.”
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