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Employee Rights in Cases of Summary Dismissal in Utrecht
Utrecht employees may appeal to the subdistrict court within two months to annul summary dismissal, with continued wage payment until the ruling. Unemployment benefits and compensation remain possible; the employer must prove breach of duty. Local assistance is available via FNV and the Legal Aid Desk. (32 words)
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Arslan AdvocatenLegal Editorial
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# Employee Rights in Cases of Summary Dismissal in Utrecht
Employees in Utrecht 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 Utrecht subdistrict court.
## Immediate Appeal Procedure in Utrecht
Within two months, the subdistrict court in Utrecht (located at Catharijnepoort or Minervalaan) can be petitioned to annul the dismissal (Article 7:686 BW). Until the ruling, the employment relationship continues, and wages must be paid. Utrecht courts handle many such cases swiftly due to the region's busy labor market.
## Retention of Unemployment Benefits for Utrecht Residents
Despite dismissal, the employee retains the right to unemployment benefits (WW) if the dismissal is not their fault. The UWV office in Utrecht independently assesses the urgent reason but often follows the subdistrict court's ruling. Local trade unions such as FNV Utrecht offer free initial advice.
## Transition Compensation in Case of Valid Dismissal
In cases of valid dismissal, the transition compensation is not automatically forfeited; it only applies in regular dismissal scenarios. However, in cases of invalid dismissal, the compensation is still awarded, often with additional damages, as seen in Utrecht cases involving universities or the municipality.
## Burden of Proof and Local Assistance
The employer bears the burden of proof. Employees in Utrecht may engage a trade union or lawyer; legal expenses insurance often covers costs. In the case *FNV/AB Utrecht*, an employee won against a local retailer due to lack of evidence. The Legal Aid Desk Utrecht (located at Mariaplaats) offers free consultation hours.
Knowledge of these rights helps prevent disadvantage in the Utrecht labor market. This article advises immediate action at the local subdistrict court and seeking legal assistance through Utrecht-based organizations.