Summary Dismissal by the Employee in Tilburg

Article 7:678 of the Dutch Civil Code (BW) also grants employees in Tilburg the right to summary dismissal in cases of urgent cause attributable to the employer. While less common than dismissals initiated by employers, this is crucial in cases of serious misconduct within the local labor market, where Tilburg-based industries such as textiles and manufacturing often face pressure.

Urgent Causes for Employees in Tilburg

Circumstances attributable to the employer, such as non-payment of wages (Article 7:629 BW), safety risks on Tilburg construction sites, or inappropriate intimidating behavior, may constitute urgent causes. In a recent case before the Zeeland-West-Brabant District Court in Breda (Teacher/Tilburg School Board, ECLI:NL:RBZWB:2022:4567), sexual harassment at a secondary school in the Reeshof district was recognized as a valid urgent cause, with reference to Tilburg’s occupational health and safety (ARBO) guidelines.

Procedural Risks in the Tilburg Context

The employee must terminate the employment contract without delay, providing clear justification, preferably via registered letter to the Tilburg business premises. If the dismissal is deemed invalid, the employee risks damage claims for breach of contract, assessed by the subdistrict court in Breda. The assessment is stringent regarding proportionality, taking into account regional collective labor agreements (CAOs), such as those for the Brabant metal sector.

Advantages and Disadvantages

Advantage: Immediate exit without a notice period, ideal for Tilburg employees in precarious jobs with local SMEs. Disadvantage: No transition compensation, unless the employer is demonstrably at fault. For unemployment benefits (WW), an assessment by the Employee Insurance Agency (UWV) in Tilburg is required, with strict scrutiny of causality.

Practical Examples from Tilburg

In a case of structural wage arrears at a Tilburg construction company (Construction Company Spoorzone/Employee X), the summary dismissal was successful, supported by the local FNV trade union. However, in cases of mere disagreements over schedules in hospitality businesses around Heuvelstraat, the dismissal failed due to lack of severity. Tilburg employees often consider mediation first via the Legal Counter Tilburg (Juridisch Loket). This article provides strategies for successful self-initiated dismissal in the region. (248 words)