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Consequences of Invalid Summary Dismissal in Tilburg
Invalid summary dismissal in Tilburg forces reinstatement with back pay or high compensation. Local employers risk fines; reinstatement often fails due to conflict. Expedited proceedings at the District Court of East Brabant are crucial.
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Arslan AdvocatenLegal Editorial
2 min leestijd
# Consequences of Invalid Summary Dismissal in Tilburg
In the Tilburg region, where the subdistrict court of the District Court of East Brabant (located in Breda but holding sessions in Tilburg) handles many dismissal cases, an invalid summary dismissal has severe repercussions for employers. Consider local businesses in the textile and machinery industries, where dereliction of duty is often an issue. 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 the Employment Relationship
Upon a successful claim by the Tilburg subdistrict court, the employer must reinstate the employee within four weeks retroactively. Wages, holiday pay, and benefits are paid retroactively up to the judgment date. Refusal results in a fine of up to €20,000 per day (Article 7:683(6) BW). In a recent Tilburg case, a metalworking company reinstated the employment relationship but failed due to conflict.
## Alternative Compensation
Does the employee opt for financial compensation? Then 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* (comparable to Tilburg jurisprudence), the court awarded €150,000. Local textile factories in Tilburg have seen similar high amounts due to lost earnings and regional wage standards.
## Practical Challenges in Tilburg
Reinstatement often fails due to disrupted relationships in the Brabant business community, leading to negotiations or settlement agreements via the UWV office in Tilburg. Employers risk high costs, fines, and reputational damage in Tilburg's tight labor market.
## Tips for Tilburg Employers
Document thoroughly and consider mediation at the Legal Counter Tilburg. Employees: initiate proceedings quickly within two months at the subdistrict court. This article highlights the financial and relational risks of failed dismissals in Tilburg.