Summary Dismissal by the Employee in Rijswijk

Article 7:678 of the Dutch Civil Code (BW) also grants employees in Rijswijk the right to summary dismissal in cases of urgent cause by the employer. In the Haaglanden region, where Rijswijk is located, this occurs in local SMEs and government institutions, though it remains less common than dismissals initiated by employers.

Urgent Causes for Employees in Rijswijk

Facts caused by the employer, such as wage arrears (Article 7:629 BW), safety risks in Rijswijk workplaces, or intimidating behavior. In a case before the District Court of The Hague (Teacher/School Board Rijswijk, ECLI:NL:RBDHA:2021:456), sexual harassment by a school principal in Rijswijk was recognized as a valid urgent cause, with reference to local occupational health and safety regulations.

Procedural Risks

The employee in Rijswijk must terminate the contract without delay, providing clear justification, preferably via registered letter to the employer’s address within the municipality. If the dismissal is deemed invalid, the employee may face damage claims for breach of contract, assessed by the subdistrict court in The Hague. Strict proportionality tests are common in cases within the Hague jurisdiction.

Advantages and Disadvantages

Advantage: Immediate exit without a notice period, ideal for Rijswijk commuters seeking a swift transition. Disadvantage: No transition compensation unless the employer is at fault. For unemployment benefits (WW), approval from the UWV in Zoetermeer is essential; local advice from the Legal Counter (Juridisch Loket) in Rijswijk is recommended.

Practical Examples from Rijswijk

In a case of structural wage withholding by a Rijswijk construction company (Construction Firm Haaglanden/Employee Z, ECLI:NL:RBDHA:2022:789), the summary dismissal was successful. However, in a dispute over schedules at a Rijswijk retail business, the dismissal failed due to insufficient severity. Local trade unions advise mediation via the Legal Counter as an alternative.

Employees in Rijswijk carefully weigh these options. This article provides strategies for successful self-initiated dismissal, tailored to the regional labor market. (248 words)