Summary Dismissal by the Employee

Article 7:678 DCC also grants employees the right to summary dismissal for urgent cause attributable to the employer. This is rarer than the reverse, but crucial in cases of breach of contract.

Urgent Causes for Employees

Facts attributable to the employer, such as non-payment of wages (article 7:629 DCC), safety risks or inappropriate intimidating behaviour. In Teacher/School Board (ECLI:NL:RBAMS:2020:123), sexual harassment was held to be a valid ground.

Litigation Risks

The employee must terminate immediately with motivation. If invalid, he risks damage claims for breach of contract. The court applies strict scrutiny on proportionality.

Advantages and Disadvantages

Advantage: immediate exit without notice period. Disadvantage: no transition payment unless the employer acts wrongly. Unemployment benefits require UWV approval.

Practical Examples

In cases of structural wage withholding, such as in Construction Firm/Employee Y, the dismissal succeeded. In cases of disagreements, it often fails due to lack of seriousness.

Employees weigh alternatives such as mediation. This article discusses strategies for successful self-initiated dismissal. (197 words)