Serious Breach of Duty: Summary Dismissal

Serious breach of duty constitutes a key ground for summary dismissal under Dutch employment law, particularly relevant for employers and employees in Zoetermeer. This mechanism allows for immediate termination of the employment contract without notice period. In this article, we delve into the definition, relevant legislation and implications, with attention to local institutions such as the Rechtbank Den Haag (district Zoetermeer) and the Juridisch Loket Zoetermeer.

What Does Serious Breach of Duty Mean?

According to Article 7:678 of the Dutch Civil Code (BW), serious breach of duty qualifies as an urgent reason for summary dismissal. It concerns violations of employment obligations by the employee that are so weighty that continuation of the contract is unreasonable for the employer. No notice period, no transition payment.

Legal Basis: Article 7:678 BW

Paragraph 1 allows termination in case of urgent reason. Paragraph 2 defines this as facts that justify immediate cessation. For employers, this concerns employee faults such as breach of duty; for employees, it applies conversely only in case of employer faults.

Criteria for Serious Breach of Duty

Judges, including those of the Rechtbank Den Haag, apply strict tests:

1. Objective Severity

Assessed on the basis of function, hierarchy, years of service, past performance and company standards in Zoetermeer companies.

2. Attributability

The employee must have been able to foresee that the conduct was unacceptable.

3. Direct Link

The conduct must render the employment relationship untenable.

4. Immediate Reaction

Dismissal must follow 'immediately' (art. 7:678 paragraph 3 BW), typically within days, with room for local investigation.

Typical Examples

Case law provides clear cases:

Theft

Stealing goods or cash fundamentally breaks trust. Supreme Court (12 Feb 1999, JAR 1999/59): €50 theft by warehouse employee suffices.

Fraud

False declarations or document forgery.

Violence

Aggression against colleagues or customers, including intimidation.

Competition

Secret side activities or info leaks.

Repetition

Cumulative absenteeism after warnings.

Resistance

Structural insubordination.

Consequences

For Employee

Eviction from housing, no initial benefit, unemployment benefits (WW) at risk. Advice: Juridisch Loket Zoetermeer for assistance.

For Employer

No notice period, but risk of invalidation by Rechtbank Den Haag. Evidence essential.

In case of disputes in Zoetermeer: turn to Rechtbank Den Haag (district) or Juridisch Loket Zoetermeer for free advice.