How long does an employment court case take in the Netherlands?

How long does an employment court case take in the Netherlands?

One of the most common questions from employees and employers alike is: how long will this take? The answer depends entirely on which procedure is being used. Dutch employment law offers a range of procedural routes with very different timelines - from the kort geding (interim injunction), which can be resolved in two to three weeks, to a full appeal proceeding before the Court of Appeal, which can take twelve to twenty-four months.

Here is a practical overview of typical timelines:

1. Kort geding (interim injunction): Filing to hearing: 2 to 3 weeks. Judgment: same day or within a few days of the hearing. Total: 2 to 4 weeks.
2. Subdistrict court dissolution (ontbindingsverzoek): Filing to hearing: 6 to 10 weeks. Judgment: usually within 2 to 4 weeks of the hearing. Total: 2 to 3 months.
3. UWV dismissal permission procedure: From application to decision: typically 4 to 6 weeks. Appeals within UWV add further time. After UWV permission, the employer must still give notice respecting the notice period.
4. Appeal to the Court of Appeal (hoger beroep): From filing the notice of appeal to judgment: typically 12 to 18 months, though complex cases can take longer.
5. Settlement agreement negotiation: No fixed timeline - a week to a month is typical for straightforward cases. Complex negotiations or cases where litigation is threatened alongside can take longer.

Why timing matters in Dutch employment cases

The timeline of the chosen procedure directly affects the financial situation of both parties. An employee without income who initiates a subdistrict court dissolution can face two to three months without wages before judgment. This is why combining a dissolution request with a kort geding for wage continuation is often the right strategy. For employers, understanding the timelines allows for accurate financial planning of the total cost of dismissal. An employment lawyer can advise on which procedure best serves your interests given the specific circumstances.

Statutory minimum timelines apply: the subdistrict court must commence dissolution proceedings within four weeks of receiving the petition (Article 7:686a(5) of the Dutch Civil Code), and a decision in rescission cases must normally be delivered within two months of the request. Appeals to the Court of Appeal must be filed within three months of the subdistrict court judgment - a strict statutory deadline (vervaltermijn) that cannot be extended. Cassation before the Hoge Raad adds a further stage and typically takes an additional twelve to twenty-four months, making total proceedings from first instance to Supreme Court judgment potentially four to five years in complex cases.