Opzegverboden

Opzegverboden, or termination prohibitions, are legal restrictions that prevent employers from terminating an employment contract under specific circumstances. These provisions are designed to protect employees from arbitrary dismissal and ensure fair treatment. The exact nature and scope of opzegverboden vary by jurisdiction, but they commonly apply during periods of illness, pregnancy, or during collective bargaining negotiations.

For example, an employee on sick leave is often protected by an opzegverbod, meaning the employer cannot terminate their contract solely due to their absence from work due to illness, provided the employee adheres to the necessary notification and documentation requirements. Similarly, pregnant employees are typically shielded from dismissal during their pregnancy and for a certain period afterward, safeguarding their health and job security.

These prohibitions are not absolute. In some cases, an employer may still be able to terminate an employment contract if there are compelling, non-discriminatory reasons unrelated to the protected circumstance. This could include severe misconduct by the employee or significant economic hardship for the company that necessitates a layoff. However, the burden of proof for such exceptions often rests with the employer. The purpose of opzegverboden is to balance the employer's need for operational flexibility with the employee's right to security and protection against unfair dismissal.