20.5.2020

The cumulation ground: combining is not so easy, annotation to North Holland District Court Feb. 17, 2020, AR Updates May 20, 2020

The cumulation ground: combining is not so easy yet

The intent with the cumulation ground

Since January 1, 2020, Section 7:669 (3) of the Dutch Civil Code has nine sections, a through i. Section i, also called the cumulation ground, has been added to the list of reasonable (grounds for dismissal) grounds and provides that a reasonable ground is understood to mean a combination of circumstances mentioned in two or more of the grounds referred to in sections c through e, g and h, which is such that the employer cannot reasonably be required to allow the employment contract to continue. The cumulation ground has been added as a reasonable ground because, according to the government, in practice it has become apparent that situations may arise in which dissolution of the employment contract is considered justified, while one of the reasonable grounds for dismissal has not been met. As a result, judges would not be able to provide sufficient customization. This cumulation ground would enable them to do so. Asked whether the introduction should therefore be seen as a relaxation of dismissal law, the minister replied, after some urging, that the cumulation ground would indeed lead to more frequent dissolution, but with higher compensation. "In that sense it is a relaxation," the minister said.

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