{"title": "Urgent reason in employment law", "content": "
What is an urgent reason in employment law?
An urgent reason in employment law is a situation in which an employer can dismiss an employee immediately and without notice period. This is only permitted if there are serious breaches of the employment relationship or if the continuity of the business is immediately jeopardized. An urgent reason is an exception to the normal dismissal rules and always requires good grounds. Examples include fraud, theft, violence, or repeatedly seriously irresponsible behavior that is no longer tolerable.
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Legal basis: when is there an urgent reason?
The main legal basis for an urgent reason in the Netherlands is Article 7:678 of the Dutch Civil Code (BW). According to this provision, an employer may dismiss an employee immediately if:
1. The employee has committed serious breaches of his employment obligations, such as:
- Fraud or theft at the workplace.
- Violence or threats towards colleagues, customers, or the employer.
- Repeatedly seriously irresponsible behavior, such as chronic absenteeism due to illness without medical justification.
- Breach of the trust relationship, such as sharing confidential company information with competitors.
2. The breach is immediate and serious, making further cooperation impossible.
> Important: An urgent reason must be objective and provable. Subjective differences of opinion or minor infractions are not sufficient.
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Examples of an urgent reason
To provide clarity on when an urgent reason exists, here are some practical examples:
Theft or fraud:
An employee who regularly takes small products from the store for personal use can be dismissed on the spot if this is proven. Manipulating financial data (for example, embezzling money) also falls under this.
Violence or aggression:
An employee who commits physical or psychological violence against a colleague or customer, such as hitting, verbal abuse, or stalking, gives the employer the right to immediate dismissal. Even a single serious incident may suffice.
Chronic absenteeism due to illness without medical justification:
If an employee is repeatedly absent due to illness without a valid reason and cannot substantiate this with a certificate of incapacity for work, this may constitute an urgent reason. However, the employer must first consult and have taken reasonable measures (for example, a reintegration process).
Breach of the trust relationship:
An employee who passes on confidential trade secrets (for example, customer lists or innovation plans) to a competitor can be dismissed immediately. Misuse of employer data (for example, for personal gain) also falls under this.
Refusal to comply with safety regulations:
If an employee deliberately ignores safety rules and thereby poses a risk to himself or others (for example, not wearing a safety helmet on a construction site), this may constitute an urgent reason.
> Note: Not every infraction automatically leads to dismissal. The employer must act proportionately. For example: a first minor infraction (such as a slight delay) is usually not an urgent reason.
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Rights and obligations in case of an urgent reason
Rights of the employer
- The employer may give immediate dismissal without notice period if there is an urgent reason.
- The employer is not obliged to give a warning first, unless stipulated in the employment contract or collective labor agreement (CAO).
- The employer must be able to provide proof that the urgent reason actually exists (for example, witnesses, camera footage, or written evidence).
Rights of the employee
- The employee is entitled to clear information about the reason for dismissal. The employer must explain in writing why there is an urgent reason.
- The employee may object to the dismissal and seek legal advice (for example, from an occupational health service or a lawyer).
- If the employee considers the dismissal unlawful, he may file a claim with the district court to request, for example, compensation or reinstatement.
Obligations of the employer
- The employer must act objectively and reasonably. Subjective judgments (for example, \"I can no longer stand this employee\") are not sufficient.
- The employer must be able to provide proof that the urgent reason actually exists.
- The employer must give the employee the opportunity to defend himself (unless this is unreasonable, for example, in the case of fraud that is immediately apparent).
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Procedural steps in case of an urgent reason
If an employer decides to dismiss someone on the spot, he/she must follow the following steps:
Establish the facts:
The employer must gather evidence that the urgent reason actually exists (for example, witnesses, camera footage, emails, or reports).
Consultation with the employee:
The employer must give the employee the opportunity to defend himself. This can be done through a conversation or formal explanation. In some cases (for example, in case of fraud), this may be unreasonable.
Decision-making:
After consultation, the employer must decide whether the dismissal is proportionate. In case of doubt, legal advice can be obtained"}