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Summary Dismissal in Netherlands — Your Rights

Summary dismissal is a drastic event that can suddenly turn your life upside down. Your employer claims you've done something so serious that you must leave immediately, without notice period or severance pay. This often feels unfair and overwhelming. Fortunately, you can challenge this dismissal if your employer hasn't followed the strict legal requirements under Dutch law.

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What's happening?

In summary dismissal (ontslag op staande voet), your employer terminates your employment contract immediately due to 'urgent cause' (dringende reden). This means you must stop working immediately and have no right to a notice period or severance pay (transitievergoeding). Your employer must provide written reasons within two working days explaining why you're being dismissed. Many employers wrongfully use this type of dismissal because they don't know or follow the strict legal requirements under Dutch law. Summary dismissal is only allowed for very serious misconduct that has permanently damaged the trust between employer and employee.

What does Dutch law say?

Dutch employment law sets strict requirements for summary dismissal in the Netherlands. These rules are primarily found in the Dutch Civil Code (Burgerlijk Wetboek) and are designed to protect employees against arbitrary dismissal. The law requires there to be urgent cause and that the employer acts quickly. The dismissal must also be given in writing with proper justification.

1Article 7:678 BW (Dutch Civil Code): There must be an 'urgent cause' - behaviour that has seriously and permanently damaged trust between parties
2Article 7:679 BW (Dutch Civil Code): Your employer must notify you in writing within two working days why you're being dismissed, otherwise they lose the right to summary dismissal
3Article 7:680 BW (Dutch Civil Code): You can challenge the dismissal in court within two months and claim compensation if the dismissal was wrongful

What are your rights?

As an employee in the Netherlands, you have strong protection against wrongful summary dismissal. Dutch law gives you various rights to defend yourself and claim compensation.

1Right to written justification: Your employer must explain within two working days exactly why you're being dismissed
2Right to challenge: You can go to court within two months to have the dismissal reviewed
3Right to compensation: For wrongful dismissal you can claim salary up to the notice period plus severance pay (transitievergoeding)
4Right to reinstatement: In exceptional cases you can get your job back if the dismissal was wrongful

What can you do now?

It's important to act quickly as you only have limited time to challenge the dismissal under Dutch law. Follow these steps to protect your rights.

1Step 1: Immediately request a written dismissal letter if you haven't received one yet - this must be provided within two working days
2Step 2: Gather all relevant documents such as your employment contract, correspondence and any witness statements
3Step 3: Send a summons to your employer within two months to challenge the dismissal in Dutch court
4Step 4: Engage an employment lawyer to represent you - you can often recover the costs from your employer

Template letter or document

MijnRecht.AI can help you draft a professional letter to your employer challenging the dismissal, or assist in preparing a summons for the Dutch courts. Our AI tool ensures all legal aspects under Dutch law are correctly included and that you meet the proper deadlines.

Where can you get help?

For summary dismissal in the Netherlands, you can turn to various institutions. The Legal Counter (Juridisch Loket) offers free initial advice. For an official procedure, you go to the district court (kantonrechter) in your area. An employment lawyer can represent you and often has experience with these types of cases under Dutch law. Trade unions can also provide legal assistance if you're a member.

Conclusion

Summary dismissal isn't the end of the world, even though it might feel that way. Many of these dismissals are wrongful because employers don't follow the strict legal rules under Dutch law. By taking quick action and knowing your rights as an expat in the Netherlands, you have a good chance of getting compensation or even your job back.

Frequently Asked Questions

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