What is summary dismissal (ontslag op staande voet)?
Summary dismissal (ontslag op staande voet) is an immediate termination of the employment contract, without notice period. It is the most drastic form of dismissal and can only be given if there is an urgent reason. The consequences for the employee are very serious: you immediately lose your job and income, and you are in principle not entitled to a WW benefit.
Precisely because of these far-reaching consequences, the law imposes strict requirements on a summary dismissal (ontslag op staande voet). If not all conditions have been met, the dismissal is not legally valid and you can challenge it. In practice, many summary dismissals (ontslag op staande voet) do not hold up before the court.
When is an urgent reason present?
The law lists a number of examples of urgent reasons, such as theft, fraud or embezzlement, serious assault or threat, refusal to work, the grossly negligent disregard of the obligations under the employment contract, and the deliberate provision of false information upon entering into the contract.
Whether something constitutes an urgent reason (dringende reden) depends on all the circumstances of the case. The court looks in particular at the nature and severity of the incident, the duration of the employment relationship, the employee's performance up to that point, the employee's personal circumstances, and whether the employer has previously given warnings.
The three requirements for a valid dismissal
For a valid summary dismissal (ontslag op staande voet), three conditions must be met. First, there must be an urgent cause. Second, the dismissal must be given without delay, i.e. immediately after discovery of the urgent cause. Third, the employer must have communicated the urgent cause directly to the employee.
The requirement of immediacy (onverwijldheid) is strict. If the employer waits too long to give the dismissal, this may result in the dismissal not being legally valid. An employer may take some time for investigation, but must act expeditiously in doing so. Waiting with dismissal while the facts are already clear undermines the validity.
What to do in the event of summary dismissal (ontslag op staande voet)?
If you have been summarily dismissed (ontslag op staande voet), it is of great importance to act quickly. You only have two months to challenge the dismissal before the subdistrict court (kantonrechter). After this period, you can no longer have the dismissal annulled. Therefore, immediately take the following steps.
Object immediately in writing to the dismissal, preferably by registered letter or e-mail. Report yourself available for work. Register as a jobseeker with the UWV and apply for a WW benefit, even if you expect it to be rejected. And contact an employment law attorney as soon as possible.
The procedure before the subdistrict court
At the sub-district court, you can request annulment of the summary dismissal (ontslag op staande voet), as a result of which you are reinstated in service and entitled to back pay. Alternatively, you can accept the dismissal but claim fair compensation if the dismissal was not lawful. The choice between these two options depends on your situation and is best made in consultation with your lawyer.
If the court rules that the dismissal was wrongful, it may annul the dismissal and order the employer to pay the back wages. The court may also award a fair compensation (billijke vergoeding), which is in addition to the transition payment (transitievergoeding).
Common situations among labour migrants
Labour migrants are sometimes unjustly summarily dismissed (ontslag op staande voet), for example due to a language barrier causing an instruction to be misunderstood, due to a sickness notification that the employer does not accept, due to a dispute over working hours or overtime, or when the employee asserts his rights. In all these cases, there is often no valid urgent cause (dringende reden) and the dismissal can be challenged.
At Arslan Advocaten, we have extensive experience in challenging summary dismissals. We speak multiple languages and understand the specific position of labour migrants. Contact us immediately if you have been summarily dismissed, because time is of the essence.