Immediate dismissal, also known as summary dismissal, is a serious form of termination in the Netherlands, where your employer can end your employment contract without notice. However, Dutch labor laws strictly regulate when immediate dismissal is allowed to ensure your protection as an employee.
What Is Immediate Dismissal?
Immediate dismissal means that your employment is terminated on the spot, without a notice period, due to urgent reasons. This is a rare and severe measure that can only be taken when you’ve committed an act so serious that continuing the employment relationship is no longer reasonable.
Common reasons for immediate dismissal include gross misconduct, theft, or severe breaches of trust. Even in such cases, your employer must follow specific procedures to ensure the dismissal is lawful.
Legal Grounds for Immediate Dismissal
In the Netherlands, immediate dismissal is only allowed if your employer has an urgent reason to terminate your contract. To help you understand when this might apply, we’ve prepared a list of legally recognized grounds for immediate dismissal. Keep in mind, these are just examples, and other actions or behaviors not mentioned here could also be considered urgent reasons for dismissal.
Dishonesty during hiring: If you provided false or misleading information about your qualifications or how your previous employment ended.
Incompetence: When it becomes clear that you are significantly unfit or incapable of performing the job you were hired for.
Substance abuse or inappropriate behavior: If you frequently engage in drunkenness or inappropriate behavior despite warnings.
Theft or fraud: Involvement in theft, embezzlement, fraud, or other criminal acts that destroy the trust between you and your employer.
Abuse or threats: If you physically harm, seriously insult, or threaten your employer, coworkers, or their families.
Encouraging illegal actions: If you try to persuade others to engage in illegal or immoral acts.
Damage to company property: Intentional or reckless behavior that damages company property or endangers the safety of others.
Breaking confidentiality: Sharing sensitive company information that you were required to keep confidential.
Ignoring reasonable instructions: Persistent refusal to follow reasonable orders from your employer.
Serious neglect of duties: Any other form of gross negligence or failure to meet the obligations outlined in your employment contract.
Reckless behavior: If you intentionally or recklessly make yourself unable to perform your job.
What to Do If You Are Dismissed with Immediate Effect?
Being dismissed on the spot can be a shock, but you have rights. Here’s what you should consider doing if you are immediately dismissed:
Challenge the Dismissal If you believe your immediate dismissal was unjustified, you can contest it in court. Dutch law allows you to challenge the dismissal within two months. The court will review whether your employer followed the correct legal procedure and whether the reason for your dismissal was valid. If the court finds the dismissal to be unlawful, you may be entitled to compensation or even reinstatement in your job.
Severance Pay In cases of immediate dismissal for serious misconduct, you are generally not entitled to severance pay. However, if the court determines that your dismissal was unjustified, you may be awarded severance. This could include transitievergoeding, which is a legal form of severance pay for employees who have worked for at least two years.
Unemployment Benefits Typically, if you are dismissed for reasons such as theft, violence, or fraud, you may lose your right to unemployment benefits. However, if the court deems your immediate dismissal unlawful, you could still be eligible for unemployment benefits.
Steps to Take
Request a written explanation: Ask your employer for a clear, written explanation of why you were dismissed and the grounds for it.
Seek legal advice: Consulting with a labor law specialist is highly recommended. An expert can help you evaluate your situation and explore your options. Some employers tend to repeat the same legal mistakes, making immediate dismissal unacceptable by the court. Professional advice could make a significant (monetary) difference in your case.
Act quickly: If you intend to challenge the dismissal, you must act within the two-month window.
By knowing your rights and taking the correct steps, you can protect yourself and, if necessary, seek justice if your immediate dismissal was unfair or handled improperly.