and good cooperation between employer and employee is essential. Sometimes, however, the relationship goes so badly that there is adisturbed employment relationship. This can lead to dismissal, but only under strict conditions.
In this article we explain when an employment relationship has been disturbed to such an extent that dismissal is possible, how the judge assesses this and what your rights are.
What is a disturbed employment relationship?
There is a disrupted employment relationship if the cooperation between employer and employeeis permanently and seriously disrupted, as a result of which further cooperation is no longer possible.
Examples:
Ongoing conflicts with managers or colleagues.
Disagreement about tasks, responsibilities or performance.
Escalations due to bullying, intimidation or discrimination.
👉 A single disagreement or temporary conflict is insufficient for dismissal.
When is dismissal possible due to a disturbed employment relationship?
The employer can request dissolution from thesubdistrict court judge. The judge checks whether:
The employment relationship is really sustainable and seriously disturbed.
The employer has made sufficient attempts to resolve the conflict (for example through mediation).
Reassignment to another position is possible.
Only if recovery is impossible can the judge terminate the employment contract.
Severance payment in the event of a disrupted employment relationship
In the event of dismissal due to a disrupted employment relationship, you are entitled to thetransition payment.
In addition, the judge can awardfair compensationif the employer has acted in a seriously culpable manner, for example by escalating the conflict.
Settlement agreement in the event of an employment dispute
Many employers choose to arrange dismissal via asettlement agreement (VSO). Benefits for the employee:
You retain the right to unemployment benefits.
A higher fee can be negotiated.
You can make agreements about exemption from work and a neutral reason for dismissal.
Practical examples
Example 1:An employee had constant arguments with his manager. No mediation was offered. The judge denied the dismissal request.
Example 2:A conflict escalated and cooperation became impossible. The judge terminated the contract and awarded a transition payment.
Example 3:An employer had deliberately allowed a conflict to arise to get rid of an employee. In addition to the transition payment, the judge also awarded fair compensation.
Checklist for dismissal due to disrupted employment relationships
📑 Is the conflict serious and lasting or only temporary?
🧑⚖️ Has the employer tried mediation or other solutions?
📅 Has relocation been investigated?
💶 Are you entitled to transition compensation and possibly fair compensation?
📝 Always have a VSO checked before you sign.
Common mistakes
Thinking that every conflict justifies dismissal.
Agreeing too quickly to dismissal without a legal check.
Do not build a file of conversations and events.
Do not use the option to negotiate in a VSO.
Frequently Asked Questions (FAQ)
1. When is an employment relationship 'disturbed'?
When cooperation is sustainably impossible, despite recovery efforts.
2. Must the employer always offer mediation?
Not mandatory, but the judge expects that serious attempts have been made to resolve the conflict.
3. Do I receive compensation in the event of dismissal due to a disrupted employment relationship?
Yes, at least the transition compensation, and sometimes a fair compensation.
4. Can I refuse to sign a VSO?
Yes, you are never obliged to accept a VSO.
5. What can a lawyer do for me?
A lawyer can negotiate for a higher compensation and defend your rights in court.
Why Arslan Advocaten?
Specialized inlabor disputes and dismissal cases
Experienced in negotiating at VSOs and court proceedings
Regularly obtaininghigher compensationfor clients
Protecting your rights in the event of a conflict with the employer
Conclusion
Dismissal due to a disturbed employment relationship is only allowed if cooperation is really impossible and recovery is no longer possible. Employees often still have strong defense options or room for negotiation for a better settlement. Therefore, always have your situation legally assessed.