Employee Rights in Cases of Summary Dismissal in Tilburg

Employees in Tilburg who are summarily dismissed due to alleged breach of duty retain crucial rights under the Dutch Civil Code (BW). In the Midden-Brabant region, where many textile and logistics companies are located, such dismissals occur frequently. Dismissal does not suspend obligations until judicial review by the subdistrict court in Tilburg.

Immediate Appeal Procedure in Tilburg

Within two months, the subdistrict court on Gasthuisstraat in Tilburg can be petitioned to annul the dismissal (Article 7:686 BW). Until the ruling, the employment relationship continues, and wages must be paid. Local trade unions such as FNV in Tilburg actively provide support in these cases.

Retention of Unemployment Benefits for Tilburg Residents

Despite dismissal, the employee retains the right to unemployment benefits (WW) if the dismissal is not their fault. The UWV office in Tilburg independently assesses the urgent reason but often follows the subdistrict court’s ruling. In Brabant cases, the UWV prioritizes swift processing.

Transition Compensation in Cases of Valid Dismissal

In cases of valid dismissal, the transition compensation does not automatically lapse; it typically applies only in regular dismissal scenarios. However, if the dismissal is deemed invalid, the compensation is still awarded, along with additional damages, as seen in recent Tilburg cases involving factories.

Burden of Proof and Local Assistance

The employer bears the burden of proof. Employees in Tilburg may seek assistance from FNV, CNV, or law firms such as De Rechtspraak Tilburg. Legal expenses insurance often covers costs. In the case FNV/AB Tilburg, a logistics employee won due to lack of evidence from the employer.

Knowledge of these rights helps prevent disadvantage in the Tilburg labor market. This article advises immediate action at the local subdistrict court and seeking legal assistance through regional agencies.