Consequences of Invalid Summary Dismissal in Zoetermeer

In the Zoetermeer region, where the sub-district judge of the District Court of The Hague (Zoetermeer location) handles many dismissal cases, an invalid summary dismissal has severe consequences for employers. Article 7:686 DCC provides the employee with a choice: reinstatement of the employment contract or compensation for damages. Local companies in the Binckhorst or around the Stadshart risk substantial claims.

Reinstatement of the Employment Relationship

In the event of a successful claim by the Zoetermeer sub-district judge, the employer must reinstate the employee within four weeks with retroactive effect. Salary, holiday allowance, and benefits must be paid retroactively up to the judgment. Refusal results in a fine of up to €20,000 per day (Article 7:683(6) DCC), which quickly accumulates for SMEs in Zoetermeer.

Alternative Compensation

If the employee opts for money, this is at least the transition payment plus 1/3 monthly salary per year worked, with a maximum of two additional monthly salaries. In a recent case at the District Court of The Hague (Zoetermeer location), comparable to Ballast Nedam/Employee, €150,000 was awarded due to lost income at a tech company from the region.

Practical Challenges

Reinstatement rarely succeeds due to broken relationships, especially in tight-knit networks such as Zoetermeer startups. This leads to negotiations or settlement agreements via local law firms. Employers face high costs and reputational damage in the regional labour market.

Tips for Employers in Zoetermeer

Document thoroughly and engage mediation via the Juridisch Loket in Zoetermeer. Employees must initiate proceedings with the sub-district judge within two months. This article highlights the risks for local employers in a growing city like Zoetermeer. (218 words)