What is the h-ground?
The h-ground (article 7:669 paragraph 3 sub h BW) is the ground for dismissal for which the employer can ask the subdistrict court to dissolve the employment contract through a request for dissolution. The h-ground comes into play when 'other circumstances' are involved, which are not covered by any of the other exhaustively listed grounds for dismissal. Classic examples are detention, illegality, not having a VOG where required and, for example, the difference of opinion between employer and employee. The 'difference of opinion' is also the standard ground in a determination or termination agreement. As with the g-ground, the situation at work in this case must also be such that continuation of the employment cannot reasonably be required. The employer will therefore use this ground, for example, in the case of the employee who has to serve 2.5 years in prison, or in the case of the Public Prosecutor's Office, a bank, hospital or daycare center when the VOG required for this purpose cannot be provided.
