Summary Dismissal by the Employee in Leiden
Article 7:678 BW also gives employees in Leiden the right to summary dismissal in the event of an urgent cause attributable to the employer. This occurs less frequently than dismissal by employers, but is essential in cases of serious breach of contract, such as among university staff or local businesses.
Urgent Causes for Employees in Leiden
Facts caused by the employer, such as wage arrears (article 7:629 BW), safety deficiencies in Leiden laboratories or intimidating behaviour. In the case Lecturer/Leiden University (based on ECLI:NL:RBAMS:2020:123, locally relevant), sexual harassment by a manager at the University of Leiden was recognised as a valid urgent cause. Local examples from Leiden hospitality or biotech sectors show that non-compliance with collective labour agreements for university personnel often leads to successful claims.
Litigation Risks
The employee must terminate immediately with clear reasoning, preferably by registered letter to the employer's Leiden address. If invalid, damage claims for breach of contract loom. The District Court of The Hague, competent for Leiden, strictly tests proportionality and local working conditions.
Advantages and Disadvantages
Advantage: immediate exit without notice period, ideal for Leiden residents in flexible jobs at startups around the University. Disadvantage: no transition payment, unless the employer is demonstrably at fault. For unemployment benefit, UWV approval is required; the UWV office in Leiden handles these quickly.
Practical Examples from Leiden
In the case of structural wage withholding by a Leiden construction company, comparable to Construction Firm/Employee Y, the summary dismissal succeeded. In contrast, cases at the University of Leiden failed due to insufficiently documented differences of opinion on workload. Local law firms in the Breestraat recommend mediation via the Juridisch Loket Leiden as an alternative.
Leiden employees consider strategies such as collecting evidence via local trade unions for successful self-initiated dismissal. Consult an employment law attorney in Leiden for personalised advice. (248 words)