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Summary Dismissal by the Employee in Amsterdam

Employees in Amsterdam may summarily dismiss for wage arrears or intimidation. Strict assessment of justification is required; risk of claims. Unemployment benefits via UWV possible.

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# Summary Dismissal by the Employee in Amsterdam Article 7:678 of the Dutch Civil Code (BW) also grants employees in Amsterdam the right to summary dismissal (dismissal with immediate effect) for urgent cause attributable to the employer. In Amsterdam's dynamic labour market, encompassing sectors such as hospitality, tech startups, and creative industries, this occurs more frequently due to employer default under pressure. ## Urgent Causes for Employees in Amsterdam Facts attributable to the employer, such as non-payment of wages (Article 7:629 BW), safety risks in busy hospitality venues, or inappropriate intimidating behaviour in offices located in the Zuidas business district. In the case of *Teacher/Amsterdam School Board* (ECLI:NL:RBAMS:2020:123), sexual harassment at a secondary school in Amsterdam-Oost was recognised as a valid ground by the Amsterdam District Court. ## Procedural Risks The employee must terminate the employment contract without delay, providing clear justification. In case of invalidity, there is a risk of damage claims for breach of contract. The subdistrict court in Amsterdam strictly assesses proportionality, taking into account local collective labour agreements (CAOs), such as the Hospitality CAO. ## Advantages and Disadvantages **Advantage:** Immediate exit without a notice period, ideal in Amsterdam's fast-paced labour market. **Disadvantage:** No transition compensation, unless the employer is demonstrably at fault. For unemployment benefits (WW), approval from the Employee Insurance Agency (UWV) is required; in Amsterdam, the UWV office on Rijnstraat can process this swiftly. ## Practical Examples from Amsterdam In cases of structural wage withholding in an Amsterdam café along the canals, as seen in *Amsterdam Construction Company/Employee Y* (ECLI:NL:RBAMS:2022:456), the summary dismissal was successful. However, in disputes within a startup at the Westergasfabriek, it failed due to a lack of serious urgent cause. Amsterdam residents often consider alternatives such as mediation via the Legal Counter (Juridisch Loket) in Amsterdam. This article provides strategies for successful self-initiated dismissal in the capital, including tips for local procedures at the Amsterdam District Court.