2.8.2015
Art. 7:686 BW within the WWZ: an odd duck or new commonplace?
With the Work and Security Act (WWZ), dismissal law is being rethought. The grounds for dismissal are prescribed by law, the method of calculating compensation is enshrined by law, and employment procedural law changes dramatically. One part of labor (procedural) law remains unchanged. That is Article 7:686 of the Civil Code (BW), the article that offers the possibility to dissolve the employment contract on the grounds of breach of contract by one of the parties thereto.
In this article, we will answer two questions. The first question is whether a request for dissolution submitted by the employer pursuant to Section 7:686 of the Civil Code can circumvent the rigidly prescribed grounds for dismissal. The second question is whether such a request for dissolution can be used to avoid payment of the transitional compensation. To answer these questions, the genesis of Section 7:686 of the DCC and its - scarce - application to date will be examined. Using examples from case law, a connection will then be made to the nature of the article in the context of the WWZ. We conclude this article by answering the two aforementioned questions and a conclusion.
Continue reading?
Download the entire article as a PDF