What exactly is summary dismissal (ontslag op staande voet)?
Summary dismissal (ontslag op staande voet) is the most severe form of dismissal in Dutch employment law: an immediate termination of the employment contract without notice period (Article 7:677 Dutch Civil Code (BW)). The employer requires for that aurgent reason (dringende reden)necessary — for example theft, violence, fraud or refusal to work — and must communicate it immediately, in writing and substantiated. If one of these three elements is missing, the dismissal is contestable.
What legal requirements must summary dismissal (ontslag op staande voet) meet?
Three cumulative requirements according to established case law of the Supreme Court of the Netherlands (Hoge Raad):
- Given without delay— usually within a few days after the constatation. Whether taking a short internal investigation period is permissible depends on the circumstances, but waiting a few weeks almost always renders the dismissal untenable.
- Urgent reason (dringende reden)— conduct so serious that it cannot reasonably be expected of the employer to allow the employment contract to continue any longer. The subdistrict court takes personal circumstances into account (age, years of service, consequences).
- Simultaneously in writing, stating reasons— the reason must be communicated at the dismissal itself, not “supplemented” afterwards.
What can you do if the dismissal was unfair?
You havetwo monthsfrom the date of dismissal to request the sub-district court to annul the dismissal (Article 7:686a Dutch Civil Code (BW)). If you miss that deadline, the dismissal will become unchallengeable. If the request is successful, the employment contract revives and you are entitled to back payment of salary from the date of dismissal.
Instead of annulment, you can also opt for afair compensation (billijke vergoeding)— compensation on top of the transition payment (transitievergoeding). You choose this if return to the employer is unthinkable.
Which compensations can you claim?
In the event of an annulled summary dismissal (ontslag op staande voet):
- Continuation of payfrom the dismissal date until the actual termination
- transition payment (transitievergoeding)if the employment contract nevertheless ends
- Fair compensation (billijke vergoeding)due to seriously culpable conduct by the employer (amounts vary from a few thousand to tens of thousands of euros)
- Fixed compensation (gefixeerde schadevergoeding)equal to the salary that you would have received during the notice period that was not observed
How long do I have to take action?
Two months is tough. Therefore, start immediately after the dismissal with:
- The dismissal in writingto protest(even a short email counts — indicates that you do not accept it)
- Collecting exhibits(timesheets, e-mails, witness statements)
- Legal adviceseek advice — an employment law attorney can assess within one conversation whether annulment is feasible
Does an employee have a right to a WW benefit upon summary dismissal (ontslag op staande voet)?
In principle, no, because the UWV considers summary dismissal (ontslag op staande voet) as culpable unemployment. However, if the dismissal is annulled by the court, or if you reach an agreement with the employer (settlement agreement (vaststellingsovereenkomst) with "neutral" wording), then the right to unemployment benefits (WW-recht) revives. That negotiation route is in 70-80% of cases more advantageous than proceedings.