What is summary dismissal and when is it allowed?

The short answer

Your employer may only summarily dismiss you if there is an urgent reason that makes it impossible to continue the employment relationship. Examples are theft, fraud, aggression towards colleagues or refusing reasonable instructions. You then do not receive notice and often also no unemployment benefits. However, the employer must be able to prove that there is really an urgent reason. If not, the dismissal is unlawful.

What does the law say?

Article 7:678 of the Dutch Civil Code regulates summary dismissal. The law requires that there is an urgent reason that immediately terminates the employment relationship. The employer must proceed with the dismissal within two days of discovering the reason. They must also inform you in writing of the precise reasons for the dismissal.

What should you pay attention to?

Always check whether your employer has followed the correct procedure and whether there is really an urgent reason. Pay attention to the timing: did they act within two days? It is also important that you do not receive unemployment benefits if the dismissal was justified. In case of unjustified dismissal, you are entitled to a transition allowance and possibly compensation.

Example from practice

Employee Jan is caught stealing office supplies worth 500 euros. His employer dismisses him the next day for theft. This dismissal is likely justified because theft is an urgent reason. Jan does not receive a notice period and likely also no unemployment benefits. If the employer had waited three weeks to dismiss him, the dismissal would have been unjustified due to the two-day rule.

What can you do?

If you think your dismissal was unjustified, you can take steps to defend your rights.