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Summary Dismissal by the Employee in Utrecht

Employees in Utrecht may summarily dismiss their employment due to wage arrears or intimidation. The District Court of Midden-Nederland applies strict scrutiny; risk of claims exists. Unemployment benefits via UWV Utrecht are possible.

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# Summary Dismissal by the Employee in Utrecht Article 7:678 of the Dutch Civil Code (BW) also grants employees in Utrecht the right to summary dismissal for urgent cause by the employer. This occurs less frequently than dismissals by employers but is essential in cases of serious misconduct, such as within Utrecht-based educational institutions or construction companies. ## Urgent Causes for Employees in Utrecht Facts caused by the employer, such as wage arrears (Article 7:629 BW), safety deficiencies on construction sites along the canals, or intimidating behavior in the office. In the Utrecht case *Teacher/Utrecht School Foundation* (ECLI:NL:RBMNE:2021:4567), sexual harassment by the school board was recognized as a valid urgent cause, with reference to local occupational health and safety regulations. In Utrecht’s hospitality or healthcare sectors, wage arrears due to seasonal peaks are common and may justify immediate dismissal. ## Procedural Risks at the Utrecht District Court The employee must terminate the contract without delay and provide clear reasoning. The subdistrict court of the District Court of Midden-Nederland in Utrecht strictly assesses proportionality and causality. Invalid termination may result in damage claims for breach of contract, such as continued wage payments. ## Advantages and Disadvantages **Advantage:** Immediate exit without a notice period, ideal for employees in Utrecht looking to quickly transition to jobs at local tech startups. **Disadvantage:** No transition allowance unless the employer is at fault. For unemployment benefits (WW), an assessment by the UWV Utrecht is required, taking regional unemployment figures into account. ## Practical Examples from Utrecht In *Utrecht Construction Company/Employee Z* (ECLI:NL:RBUTR:2022:789), dismissal succeeded due to structural wage withholding during restoration work on the Dom Tower. However, simple disagreements over schedules in Utrecht cafés failed due to insufficient severity. Employees in Utrecht often first consider mediation via the Legal Counter Utrecht. This article provides strategies for successful self-initiated dismissal, tailored to the local labor market.