For immediate dismissal (summary or instant dismissal) you need a Dutch lawyer in Amsterdam who is a specialist in dismissal law. This specialist attorney will give expats and employers immediate legal advice and assistance. You need to act quickly in case of immediate dismissal (summary or instant dismissal), because there are very short legal deadlines. There are in The Netherlands also many rules on whether immediate dismissal is valid. After all, in the event of summary dismissal the employment contract ends without a decision of a Dutch judge or UWV. What are your rights and obligations in the event of dismissal or if you have been dismissed because of an urgent reason?
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Examples of an urgent reason
Examples of an urgent reason are: serious crimes at work, for example theft or violence. The consequences of immediate dismissal are therefore also serious: no Dutch unemployment benefit and no salary. That is why the court in or outside Amsterdam will deal with this carefully and will always ask the employer to prove the urgent reason.
Lawyer in Amsterdam for Expats and employers who specializes in dismissal law
A lawyer in Amsterdam who specializes in dismissal law for expats and employers can explain your rights and obligations and what you should do. He or she can then join you in protesting against the dismissal, see if a settlement is possible, or start a procedure with the subdistrict court.
Rules for a legally valid termination
There are strict rules for a legally valid termination. This is to ensure that an employer acts carefully. For example, an employer may not wait too long with immediate dismissal. As soon as there is an urgent reason, he must dismiss the employee immediately (without delay). He must also state the reason immediately, so that the dismissed employee knows where he stands. So het or she can immediately call in a lawyer specialised in employment law. Therefore, call our lawyer in Amsterdam as soon as you have been dismissed or have received a letter of dismissal.
Gross misconduct: fraud, violence at work of theft
What’s an urgent reason? The employee’s behavior must be so serious that an employer may dismiss an employee immediately. In practice, a few examples of common types of gross misconduct include:
theft
accepting or offering bribes
fraud
serious breaches of health and safety rules after warnings
offensive behaviour, racist or sexist abuse
illegal activities and criminal acts during the course of employment
- setting up a competing business
Whatever the reason for the dismissal, an employer must inform the employee of this as soon as possible, stating the reasons for the immediate dismissal. This must be done as soon as the urgent reason has come to the attention of the employer. Sometimes, however, it may take a little longer, for example due to necessary research, requesting legal advice from an attorney or collecting evidence.
Circumstances are important
At the request of a dismissal lawyer, the judge will have to decide whether the termination is legally valid. A number of circumstances are important, such as the nature and seriousness of the accusation, what is the position and how long have you been in service; how did you carry out that work; have any warnings been given or do you?
In Dutch labour law practice, there may be all kinds of cases that are not mentioned in the law, but are nevertheless an urgent reason. But a dismissal is by no means final in all cases. It is therefore best to make an appointment for legal advice with our law firm in Amsterdam. Our experienced lawyers and employment attorneys can properly assess the dismissal and challenge it in court within two months (the deadline). We can ask the judge to reinstate you and to pay your outstanding salary. Or we can claim severance pay.
Compensation if immediate dismissal is unjustified
The court may decide that the employer must pay a substantial compensation if immediate dismissal is unjustified.
If a specialized lawyer challenges his dismissal on time, a dismissed employee, may be entitled to a transition allowance. Ask our employment lawyer in Amsterdam about this.
Settlement agreement and WW
In certain cases, the employee retains his right to WW, for example with a settlement agreement. After all, it is possible that employer and employee, with the help of a Dutch lawyer, still reach a mutual agreement on dismissal after a summary dismissal. It must then be clear that both parties agree that there is (no longer) an urgent reason.
Unfairly laid off
If you believe you have been unfairly laid off, you should contact WS Lawyers in Amsterdam.
Contact our Amsterdam lawyer: specialist in dismissal law
In the event of immediate dismissal, our Amsterdam labour law lawyer can assist you to initiate (emergency) proceedings, conduct a defense or start negotiations. Therefore, if you have any questions about immediate dismissal (summary or instant dismissal), please contact our Amsterdam Employment Law lawyers for specialist employment law advice.