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Employee Rights in Summary Dismissal in Amsterdam
Amsterdam employees may file for annulment of summary dismissal with the subdistrict court within two months, with continued wage payment until the ruling. Unemployment benefits and compensations remain; the employer must prove breach of duty.
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Arslan AdvocatenLegal Editorial
2 min leestijd
# Employee Rights in Summary Dismissal in Amsterdam
Employees in Amsterdam who are summarily dismissed due to alleged breach of duty retain crucial rights under the Dutch Civil Code (BW). Dismissal does not suspend obligations until judicial review by the Amsterdam subdistrict court.
## Immediate Appeal Procedure in Amsterdam
Within two months, the subdistrict court in Amsterdam (located at Prins Hendrikkade or Gerrit van der Veenlaan) can be petitioned to annul the dismissal (Article 7:686 of the Dutch Civil Code). Until the ruling, the employment relationship continues; wages must be paid. Amsterdam courts handle many cases from the hospitality and tech sectors, where sudden dismissals frequently occur.
## Retention of Unemployment Benefits for Amsterdam Residents
Despite dismissal, Amsterdam employees retain the right to unemployment benefits (WW) if the dismissal is not their fault. The UWV Amsterdam assesses the urgent reason independently but often follows the subdistrict court's ruling. Local UWV offices on Leeuwardenlaan offer quick intake services.
## Transition Compensation in Case of Valid Dismissal
In the event of a valid dismissal, the transition compensation is not automatically forfeited; this compensation only applies in regular dismissals. However, in cases of invalid dismissal, the compensation is still awarded, often with additional amounts, as frequently ruled in Amsterdam cases.
## Burden of Proof and Local Assistance
The employer bears the burden of proof. Amsterdam residents may engage FNV Amsterdam or CNV at Danzigerkade, or law firms such as Pels Rijcken in the Zuidas district. Legal expenses insurance often covers costs. In the case *FNV/AB Amsterdam*, a hospitality worker won due to lack of evidence of theft.
Knowledge of these rights helps prevent disadvantage in Amsterdam's dynamic labor market. This article advises immediate action at the local subdistrict court and seeking legal assistance through trade unions or the Legal Counter at Robert Tangeplaats.