Rotterdam employees litigate within two months at the district court for annulment, with continued salary payment until judgment. Unemployment benefits and compensation remain possible; employer proves misconduct in port context. (28 words)
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Arslan AdvocatenLegal Editorial
2 min leestijd
# Employee Rights in Summary Dismissal in Rotterdam
Employees in Rotterdam who receive summary dismissal due to alleged misconduct retain crucial rights under the Dutch Civil Code (BW). In the bustling port city, where logistics and maritime sectors dominate, this often occurs in shipbuilding or container terminals. Dismissal does not suspend obligations until judicial review by the Rotterdam district court.
## Direct Appeal Procedure in Rotterdam
Within two months, the Rotterdam district court (Palettenstraat 24) can be requested to annul the dismissal (article 7:686 BW). Until the judgment, the employment relationship continues; salary must be paid through. Local trade unions such as FNV Haven report that Rotterdam judges strictly scrutinize cases involving port workers.
## Retention of Unemployment Benefit Rights for Rotterdam Employees
Despite dismissal, the employee retains unemployment benefits (WW) if it is not attributable to them. The UWV office in Rotterdam (Westblaak 180) independently assesses the urgent cause, but often follows the district court. In the Rotterdam-Rijnmond region, WW is crucial for temporary workers in transshipment.
## Transitional Compensation in Valid Dismissal
In valid dismissal, the transitional compensation does not automatically lapse; it applies only in regular dismissal. However, in invalid dismissal, it is still awarded plus extras, as in cases at the Rotterdam District Court.
## Burden of Proof and Local Assistance
The employer bears the burden of proof. Rotterdam employees may engage FNV Rotterdam or law firms such as Pels Rijcken; legal expenses insurance often covers costs. In the case *FNV/AB Rotterdam Port*, a dockworker won due to lack of evidence of theft.
Knowledge of rights prevents disadvantage in the Rotterdam labor market. This article advises immediate action at the local district court and legal assistance via the Juridisch Loket Rotterdam (Schietbaanlaan 7). (248 words)