What is an urgent reason in employment law in Utrecht?
An **urgent reason** in employment law allows employers to dismiss an employee **immediately and without notice period**. This applies only in cases of **serious misconduct** that severely disrupt the employment relationship or directly threaten business continuity. It is an exceptional measure that requires **solid substantiation**, such as theft, fraud, aggression or unacceptable repeated misconduct.
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Legal basis: urgent reason according to article 7:678 BW
The core provision is **article 7:678 Dutch Civil Code (BW)**. This allows an employer in Utrecht to **summarily dismiss** an employee in cases of:
1. **Serious breaches** of obligations, including:
- **Theft** or **fraud** within the company.
- **Physical violence**, **threats** or intimidation against colleagues, customers or managers.
- **Prolonged unexplained absence** without medical basis.
- **Leakage of trade secrets** to third parties.
2. Situations in which cooperation is **immediately impossible** due to the severity.
> **Note:** The reason must be **objectively ascertainable** and **documented**. Personal antipathy or trivial errors do not qualify.
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Practical examples of urgent reason in Utrecht
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Theft or fraud:
A shop employee in Utrecht who steals products for personal use can be summarily dismissed upon proof (e.g. camera footage).
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Aggression or violence:
Physical altercations with colleagues or customers, such as pushing or verbal abuse, justify summary dismissal.
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Unjustified sick leave:
Repeated absence without a doctor's certificate, despite warnings and reintegration attempts, can constitute an urgent reason.
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Betrayal of trust relationship:
Passing on customer data or strategies to competitors leads to immediate dismissal.
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Safety risks:
Deliberately ignoring rules, such as not wearing a helmet on a construction site in Utrecht, endangering others.
> **Tip:** Employers must respond **proportionately**; a one-time minor mistake is not an urgent reason.
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Rights and obligations in urgent dismissal in Utrecht
Employer in Utrecht
- **Immediate dismissal** without notice possible.
- No warning required, unless stipulated by collective agreement or contract.
- **Provide evidence**, such as witness statements or recordings.
Employee
- Right to **written reasoning**.
- Can object and seek legal assistance.
- In case of wrongful dismissal: proceedings before the **District Court of Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht** for damages or reinstatement.
Obligations of employer
- **Objectively and fairly** assess.
- Present evidence in any court proceedings.
For free advice: **Juridisch Loket Utrecht, Catharijnesingel 55**. Contact for personal guidance on dismissal issues in the region.