What is the “g-ground”?

The “g” ground (Article 7:669(3)(g) of the Dutch Civil Code) is the ground for termination under which the employer may petition the subdistrict court to terminate the employment contract. Grounds “g” apply when the employment relationship has been disrupted to such an extent that the employer cannot reasonably be expected to continue the employment. The employer must also demonstrate that attempts have been made to restore the employment relationship, often in the form of discussions or mediation. Furthermore, it must be determined whether the employee can be reassigned. The disruption must also be of a lasting nature; thus, a single (short-term) conflict at work about which little or no discussion has taken place is generally not sufficient to constitute a seriously (and lasting) disrupted employment relationship. Under the “g” ground, the burden of proof lies almost entirely with the employer. If the employer cannot sufficiently demonstrate that there is a seriously and persistently disrupted employment relationship, or if the employer has not taken sufficient steps to restore the employment relationship (or have it restored), the employee may ask the subdistrict court to award fair compensation. This may be the case, for example, if the employer applies the so-called “Asscher loophole,” meaning that the employer deliberately deteriorates the employment relationship in order to terminate the employment contract on the grounds of a disrupted employment relationship.