What is a instant dismissal to Dutch law? Free advice


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summary dismissal instant dismissal Netherlands

What is summary or instant dismissal? What are the rules in the Netherlands?

Instant dismissal is a termination of the employment contract that takes effect immediately. No notice period needs to be observed, nor is the permission of the UWV/Work Company required. The employer can give this immediate dismissal and the employee can also give an immediate resignation. In both cases, there must be an urgent reason for dismissal.

What is an urgent reason?

There is an urgent reason for dismissal for the employer if the employee is guilty of, for example, theft, embezzlement cheating, being drunk in the workplace, assault, bullying at work and gross insult. There are other examples in the Civil Code. Ask our lawyers.
In addition to the examples listed in the law, other urgent reasons may arise.

The main rule for determining whether something qualifies as an urgent reason can be defined as follows.

The characteristics/behavior of the employee must be such that the employer cannot be expected to continue the employment contract. The situation entails that continuation of the employment contract is unacceptable, which means that the employment contract must end immediately. For the employee, urgent reasons are circumstances that mean that the employer cannot reasonably require the employee to continue the employment contract.

A summary dismissal given by the employer will be discussed in more detail below.

What requirements must be met?

Such a dismissal requires prompt action by the employer. Immediately, or at least a short time after the urgent reason has occurred and has been established by the employer, the employer must dismiss the employee. The reason for the dismissal must be communicated at the same time as the dismissal.
If the employer waits longer than necessary, an immediate dismissal is no longer possible. The need for the employer to terminate the employment contract quickly will then be obsolete.

A measure that often precedes summary dismissal is 'suspension' or non-activation. 

What to do about summary dismissal? Employee Actions

What can an employee or our lawyers do?
The employee or our specialists can challenge the dismissal in court. The dismissed employee asks the court to determine that there is no urgent reason. In addition, the employee asks the court to order the employer to continue to pay the wages. The condition is that the employee has made it known to the employer shortly after he has been dismissed that he is willing and available to resume work. To do this in a legally correct manner, you can order a sample letter from us.

Please note: the employee has a great interest in having the dismissal declared invalid. After all, he wants to avoid becoming culpably unemployed, in which case the UWV refuses unemployment benefits.
If the employee successfully contests the dismissal in court, the employer must continue to pay wages from the date of dismissal and the employment contract will remain in effect. Summary dismissal therefore carries risks for the employer.

The employee must bring his claims before the court within 2 months after he has been dismissed. If there is no urgent reason, the dismissal is voidable.

The employee must expressly invoke this and demand continued payment of wages. The employee must remain available to perform work.

The employee can also choose to maintain the termination of the employment contract, but to claim compensation due to irregular termination. In that case, the compensation is equal to the salary over the period of the notice period that the employer should have observed in the event of regular notice.

Our dismissal specialists can help you with all these legal actions. We have more than 25 years of experience in dismissal cases, including summary dismissal.

You are an employer, how do you give an instant dismissal?

Strict requirements are set for summary dismissal. If these requirements are not met, the dismissal can cost you as an employer a lot of money, such as continued payment of wages with fines or a so-called fair compensation for the employee. Avoid high costs and present your situation to our dismissal specialists.

Sample letter:
As an employer, you must first and foremost ensure that you give the resignation in the correct manner. That sounds very close. To help you with this and avoid costly mistakes, we can help you draw up a letter of resignation.

Don't do it yourself. Ask help from our specialists

There are quite a few requirements for a summary dismissal. Such a dismissal is not always possible.

Employer or Employee, ask our help. First consultation is for FREE

Let our dismissal specialists help and assist you, because a lot can go wrong with an instant dismissal, which can have major financial consequences.
Avoid costly mistakes and take immediate action. Call our Dismissal Specialists: 0900-123 73 24 or email us. The first advice is FREE.

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