Consequences of Invalid Summary Dismissal in Rijswijk

In the Haaglanden region, with the subdistrict court in Rijswijk as a key player, the judiciary often annuls summary dismissals due to breach of duty. This triggers stringent sanctions for employers in Rijswijk and surrounding municipalities such as The Hague. Article 7:686 of the Dutch Civil Code (BW) provides the employee with a choice: reinstatement of the employment contract or compensation for damages.

Reinstatement of Employment

In the event of a successful claim before the Rijswijk subdistrict court, the employer must reinstate the employee retroactively within four weeks. Wages, holiday pay, and benefits applicable in the region must be paid up to the date of the ruling. Refusal to comply results in a fine of up to €20,000 per day (Article 7:683(6) BW), as recently applied in a Rijswijk case involving a local tech company.

Alternative Compensation

If the employee opts for a financial settlement, this includes at least the transition payment plus one-third of a month's salary per year of service, with a maximum of two additional months' salary. In the case of Ballast Nedam v. Employee (handled in The Hague but relevant for Rijswijk), the court awarded €150,000 for lost income, a pattern also observed in Rijswijk rulings involving government-related employers.

Practical Challenges in Rijswijk

Reinstatement rarely succeeds due to disrupted relationships in Rijswijk’s compact labor market, where networks are small. This often leads to negotiations or settlement agreements via local law firms. Employers in Rijswijk, frequently active in IT and government sectors, risk high costs, reputational damage, and negative publicity in regional media such as Rijswijk.tv.

Tips for Employers in Rijswijk

Thoroughly document all actions and engage in mediation via the Legal Counter Haaglanden. Employees must initiate proceedings within two months at the Rijswijk subdistrict court. This article highlights the financial and relational risks of failed dismissals, specifically tailored to Rijswijk’s context with its focus on public administration and innovative sectors.