Regulating Dismissal from Employment: Administrative and Judicial Procedures in the Netherlands

Abstract

In Dutch law unilateral termination of labour contracts usually is only possible with the prior permission of the Director of the District Labour Office. The functions of this administrative procedure have shifted considerably over time: originally an instrument of labour market policy, it is now predominantly oriented to prevention of dismissal without reasonable grounds. Some critics claim that this shift urges for abolishing this administrative procedure and leaving the matter to the judiciary competent in civil law disputes. Constitutionally sound as this position may be, its consequences would severely threaten realisation of the principle of ‘no dismissal but on reasonable grounds’.Results of empirical research into the Labour Office procedure and into the Lower Court procedure of “dissolution for important reasons” are presented to found this evaluative conclusion. Attention is paid to the discretion of dismissal officers and to the informal way of handling cases in the Lower Court. As a preliminary dispute processing institution, the Labour Office procedure is in tune with the comparatively large contribution of informal procedures to Dutch justice.