Employee Rights in Summary Dismissal in Zoetermeer

Employees in Zoetermeer who are summarily dismissed due to alleged breach of duty retain crucial rights under the Dutch Civil Code (BW). Dismissal does not suspend obligations until judicial review. Local businesses in the Zoetermeer region, particularly in sectors such as IT and logistics at Zoetermeer Trade Park, often encounter this in cases of collective labour agreement (CLA) violations.

Immediate Appeal Procedure at the Zoetermeer Subdistrict Court

Within two months, the Zoetermeer subdistrict court can be petitioned to annul the dismissal (Article 7:686 BW). Until the ruling, the employment relationship continues, and wages must be paid. The District Court of The Hague, Zoetermeer subdistrict (Stadhuisplein 1), handles these cases efficiently.

Retention of Unemployment Benefits via UWV Zoetermeer

Despite dismissal, the employee retains the right to unemployment benefits (WW) if the dismissal is not their fault. UWV Zoetermeer (Americaweg 30) independently assesses the urgent reason but often follows the subdistrict court’s ruling. Local trade unions, such as FNV Zoetermeer, provide support with applications.

Transition Compensation in Valid Dismissal in Zoetermeer

In cases of valid dismissal, the transition compensation does not automatically lapse; it only applies in regular dismissal procedures. However, in cases of invalid dismissal, the compensation is still awarded, often with additional damages, as seen in recent cases involving Zoetermeer employers.

Burden of Proof and Local Assistance

The employer bears the burden of proof. Employees in Zoetermeer may engage a trade union or lawyer; legal expenses insurance often covers costs. Free initial advice is available at the Legal Counter Zoetermeer (Stadhuisplein). In the case FNV/AB Zoetermeer, an employee won due to the employer’s lack of evidence.

Knowledge of these rights prevents disadvantage in Zoetermeer. This article advises immediate action at the local subdistrict court and legal assistance through regional institutions.