What is the h-ground?

The “h” ground (Article 7:669(3)(h) of the Dutch Civil Code) is the ground for termination under which the employer may petition the subdistrict court to terminate the employment contract. The “h” ground applies when “other circumstances” are at issue that do not fall under any of the other exhaustively listed grounds for termination. Classic examples include incarceration, illegal status, failure to obtain a Certificate of Good Conduct (VOG) where required, and, for example, a difference of opinion between the employer and the employee. A “difference of opinion” is also the standard ground in a declaration of termination or termination agreement. As with ground “g,” the situation at work must, in this case as well, be such that continuation of the employment relationship cannot reasonably be expected. The employer will therefore use this ground, for example, in the case of an employee who must serve a 2.5-year prison sentence, or in the case of the Public Prosecutor’s Office, a bank, a hospital, or a daycare center when the Certificate of Good Conduct required for such positions cannot be provided.