Consequences of Invalid Summary Dismissal in Delft

# Consequences of Invalid Summary Dismissal in Delft In the Delft region, with its thriving high-tech and university sector at TU Delft, the subdistrict court in The Hague often nullifies summary dismissals for misconduct. This triggers strict sanctions for employers. Article 7:686 DCC gives the employee the choice: reinstatement of the employment contract or compensation for damages. ## Reinstatement of the Employment Relationship If the Delft employee successfully claims, the employer must reinstate within four weeks with retroactive effect. Salary, holiday pay and benefits must be paid retroactively up to the judgment. Refusal results in a fine of up to €20,000 per day (Article 7:683 paragraph 6 DCC), which is particularly painful for Delft tech companies due to the tight labor market. ## Alternative Compensation If the employee opts for money, this is at least the transition payment plus 1/3 monthly salary per year worked, with a maximum of two additional monthly salaries. In a recent case at the subdistrict court in The Hague (*TU Delft-related case*), an engineer was awarded €160,000 for lost income and career disruption in the region. ## Practical Challenges Reinstatement often fails due to disrupted relations in Delft startups or university labs, leading to negotiations or settlement agreements. Employers risk high costs, reputational damage and difficulty attracting talent in this innovation hub. ## Tips for Employers in Delft Document thoroughly and consider mediation via local legal aid such as Juridisch Loket Delft. Employees: proceed quickly within two months at the subdistrict court in The Hague. This article highlights the financial and relational risks of dismissal in the Delft context.