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Summary Dismissal in Rijswijk - When is it Permitted?

Summary dismissal is the immediate termination of an employment contract without notice period, permitted only in cases of an urgent reason. Read more about the rules and procedures in Rijswijk.

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Summary Dismissal in Rijswijk - When is it Permitted?

Summary dismissal constitutes the most drastic method of terminating an employment contract. This means that an employer terminates the contract immediately, without observing a notice period. This is permitted only in the event of an urgent reason as laid down in Article 7:677 of the Dutch Civil Code.

What Constitutes an Urgent Reason?

An urgent reason concerns a situation that is so serious that it cannot reasonably be expected of the employer to continue the employment contract. It involves conduct or circumstances that have irreparably damaged the trust between the parties.

Examples of Urgent Reasons

  • Theft or fraud - Misappropriating company property or submitting false expense claims
  • Aggression or intimidation - Physical violence or threats towards colleagues or managers
  • Serious negligence - Repeatedly refusing to perform tasks
  • Breach of trust - Leaking sensitive company information
  • Alcohol abuse - Repeatedly appearing at work under the influence
  • Prohibited competition - Working for a competing company without permission

Procedure and Deadlines in Rijswijk

Immediate Notification Required

The employer must communicate the dismissal immediately after discovering the urgent reason. A delay may suggest that the situation was not urgent enough. Courts generally accept a period of a few days up to a maximum of one week.

Written Justification

The dismissal must be given in writing and with a clear motivation, including:

  • The specific urgent reason
  • The underlying facts
  • The date on which the employment contract ends immediately

Impact on the Employee

No Unemployment Benefit if Dismissal is Justified

If the summary dismissal is justified, the employee is usually not entitled to unemployment benefits. The Employee Insurance Agency (UWV) assesses whether the dismissal was justified.

No Right to Transition Payment

In the case of a valid summary dismissal, the right to a transition payment lapses due to seriously culpable conduct.

Judicial Review by the Subdistrict Court of The Hague

The subdistrict judge, often in the district of the District Court of The Hague, strictly assesses whether a summary dismissal is lawful:

  • Was there a genuine urgent reason?
  • Was the dismissal notified immediately?
  • Is the reason sufficiently substantiated?
  • Is the dismissal proportionate to the situation?
  • Have personal circumstances been taken into account?

Frequently Asked Questions in Rijswijk

How Long Do I Have to Challenge the Dismissal?

You have two months after receipt of the dismissal letter to file a request with the subdistrict court for annulment of the dismissal.

Do I Have to Sign the Dismissal Letter?

No, it is not obligatory to sign the dismissal letter. You can receive it without expressing consent.

Practical Advice

For Employees in Rijswijk

  1. Always request a written explanation of the dismissal
  2. Contact a lawyer or trade union as soon as possible
  3. Keep all communication and documentation
  4. Report to the UWV within one week
  5. Initiate legal proceedings within two months if necessary

For Employers in Rijswijk

  1. Conduct thorough investigation into the situation
  2. Give the employee the opportunity to defend themselves
  3. Notify the dismissal as soon as possible after discovery
  4. Have the dismissal letter drafted with legal support

Statutory basis: Articles 7:677 and 7:678 of the Dutch Civil Code

Local Information for Rijswijk

For legal support, you can go to the Juridisch Loket Rijswijk. In addition, cases often fall under the District Court of The Hague for handling by the subdistrict judge.