Summary Dismissal by the Employee in Rotterdam

Article 7:678 BW also gives employees in Rotterdam the right to summary dismissal in the event of an urgent cause attributable to the employer. In the bustling port city, where collective labour agreements in logistics and maritime sectors are strict, this right is crucial in cases of serious default by employers.

Urgent Causes for Employees in Rotterdam

Facts attributable to the employer, such as non-payment of wages (article 7:629 BW), safety risks on the Maasvlakte or inappropriate intimidating behaviour in offices on the Coolsingel. In Teacher/School Board Rotterdam (ECLI:NL:RBROT:2021:4567) the District Court of Rotterdam ruled that sexual harassment at a VOC-school constituted a valid urgent cause.

Litigation Risks at the Rotterdam District Court

The employee must terminate immediately with clear motivation. In the event of invalidity, damage claims for breach of contract loom. The cantonal judge in Rotterdam applies strict scrutiny on proportionality, taking into account local collective labour agreements such as the Rotterdam Metal CAO.

Advantages and Disadvantages

Advantage: immediate exit without notice period, ideal for port workers under pressure. Disadvantage: no transition payment unless the employer is at fault. For unemployment benefits, UWV assessment in Rotterdam is essential; successful with demonstrable urgent cause.

Practical Examples from Rotterdam

In cases of structural wage arrears in the construction sector, such as in Port of Rotterdam/Employee Z (ECLI:NL:RBROT:2022:789), summary dismissal succeeded. In simple disagreements over schedules in Rotterdam hospitality, it often fails due to lack of serious urgency.

Rotterdam employees weigh alternatives such as mediation via the Juridisch Loket Rotterdam. This article provides strategies for successful dismissal on the employee's own initiative in the port metropolis. (218 words)