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Procedural Requirements for Summary Dismissal in Tilburg
Summary dismissal in Tilburg requires immediate, well-substantiated notification. Delays or vagueness may lead to invalidation by the Oost-Brabant District Court. Employers must provide concrete evidence, with local examples from Spoorzone or Heuvelstraat.
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Arslan AdvocatenLegal Editorial
2 min leestijd
# Procedural Requirements for Summary Dismissal in Tilburg
For summary dismissal due to serious misconduct, employers in Tilburg must adhere to strict procedural rules to ensure legal validity. According to Article 7:678(3) of the Dutch Civil Code (BW), the termination must be immediate, and the employee must be promptly informed of the urgent reason in such a manner that work can be ceased without delay. In the Tilburg region, with its thriving logistics and retail sectors, the subdistrict court judges of the Oost-Brabant District Court frequently encounter procedural errors by local businesses.
## Immediate Notification
The employer must inform the employee as soon as possible, preferably verbally and followed immediately by written confirmation. Delay may result in the dismissal being declared invalid by the subdistrict court in Tilburg. The Dutch Supreme Court ruled in cases such as *Smit/Euro Express* that even a few hours' delay can be fatal—a lesson that Tilburg employers, particularly those in the Spoorzone area, have had to learn the hard way following recent cases involving local logistics firms.
## Justification of the Urgent Reason
The notification must concretely describe the facts and circumstances constituting the misconduct, tailored to the Tilburg context, such as theft in shops on Heuvelstraat or absenteeism in production companies in Tussendijken. General statements are insufficient; specific examples, such as CCTV footage from a Tilburg warehouse, are essential for a successful procedure at the Oost-Brabant District Court.
## Follow-Up and Evidence
Employers must gather witness statements, CCTV footage, or logs. In case of dispute, the subdistrict court in Tilburg will assess the reasonableness of the dismissal afterward, taking into account local collective labor agreements in the textile or hospitality sectors. Failure to comply with procedural rules often results in reinstatement with back pay. Employees may file a claim with the subdistrict court within two months (Article 7:686 BW), with hearings held at the courthouse on Bredaseweg.
This article highlights the pitfalls and best practices for a legally sound dismissal process in Tilburg, including tips for compliance with regional labor standards.