Summary Dismissal in Zoetermeer - When is it Permitted?

Summary dismissal is a drastic way to terminate an employment contract. This means that an employer terminates the contract with immediate effect without observing a notice period. This is only possible 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 the employer can no longer be required to maintain the employment contract. It involves actions or circumstances that have irreparably damaged the trust between employer and employee.

Examples of Urgent Reasons

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

Procedural Requirements and Deadlines

Immediate Notification Required

The employer must notify the employee of 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 to at most one week.

Written Justification

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

• The specific urgent reason
• The underlying facts
• The date on which the 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) investigates whether the dismissal was justified.

No Right to Transition Payment

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

Judicial Review

The sub-district court strictly checks 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?
• Have personal circumstances been taken into account?

Frequently Asked Questions about Dismissal in Zoetermeer

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 sub-district court for annulment of the dismissal.

Do I Have to Sign the Dismissal Letter?

No, you are not obliged to sign the letter. You can receive it without agreeing to its contents.

Practical Advice

For Employees in Zoetermeer

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 documents in order
4. Register with the Employee Insurance Agency (UWV) within one week
5. Initiate legal proceedings within two months if you dispute the dismissal

For Employers in Zoetermeer

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 Support in Zoetermeer

For legal advice on summary dismissal, you can go to the Legal Counter Zoetermeer. In addition, cases often fall under the jurisdiction of the District Court of The Hague.