Employee Rights in Summary Dismissal

Employees who receive summary dismissal due to alleged misconduct retain crucial rights under the Dutch Civil Code (BW). Dismissal does not suspend obligations until judicial review.

Direct Appeal Procedure

Within two months, the cantonal court can be requested to annul the dismissal (article 7:686 BW). Until the judgment, the employment relationship continues; salary must be paid through.

Retention of Unemployment Benefit Right

Despite dismissal, the employee retains the right to unemployment benefit (WW) if it is not attributable to him. The UWV independently assesses the urgent cause, but often follows the cantonal court.

Transitional Compensation in Valid Dismissal

In valid dismissal, the transitional compensation does not automatically lapse; it applies only in regular dismissal. However, in invalid dismissal, it is still awarded plus extras.

Burden of Proof and Assistance

The employer bears the burden of proof. Employees may engage a trade union or lawyer; legal expenses insurance often covers costs. In FNV/AB, an employee won due to lack of evidence.

Knowledge of rights prevents disadvantage. This article advises immediate action and legal assistance. (198 words)