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Summary Dismissal in Utrecht - When is it Permitted?

Summary dismissal is a drastic measure that may only be applied in case of an urgent reason. Read more about the rules, procedures and judicial review in Utrecht.

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Summary Dismissal in Utrecht - When is it Permitted?

Summary dismissal is a drastic measure to terminate an employment contract with immediate effect. This may only take place 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 cannot be required to continue the employment contract. It involves acts or incidents that irreparably damage the trust between employer and employee.

Examples of Urgent Reasons

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

Procedural Requirements and Deadlines

Immediate Notification Required

The employer must announce 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 Explanation

The dismissal must be communicated in writing and clearly motivated, stating:

  • The specific urgent reason
  • The underlying facts
  • The date on which the contract ends immediately

Impact on the Employee

No Unemployment Benefit in Case of Justified Dismissal

If the summary dismissal is justified, the employee is usually not entitled to an unemployment benefit. The Employee Insurance Agency (UWV) assesses the lawfulness of the dismissal.

No Transition Payment

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

Judicial Review

The sub-district court in Utrecht, located at Vrouwe Justitiaplein 1, strictly verifies whether summary dismissal was justified:

  • Was there a real 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 Utrecht

How much time do I have to challenge the dismissal?

You have two months after receipt of the dismissal letter to file a request for annulment with the sub-district court in Utrecht.

Am I required to sign the dismissal letter?

No, you do not have to sign the letter. You can receive it without giving consent.

Practical Advice

Tips for Employees

  1. Always request written substantiation
  2. Contact a lawyer or trade union as soon as possible
  3. Keep all communication and documentation
  4. Register with the UWV within one week
  5. Initiate legal proceedings within two months if necessary

Tips for Employers

  1. Conduct thorough investigation into the situation
  2. Give the employee the opportunity to defend themselves
  3. Notify the dismissal as soon as possible
  4. Have the dismissal letter drafted with legal support

Statutory basis: Articles 7:677 and 7:678 of the Dutch Civil Code

Local Assistance in Utrecht

For legal assistance, you can go to the Juridisch Loket Utrecht at Catharijnesingel 55. In addition, the District Court of Midden-Nederland, located at Vrouwe Justitiaplein 1, handles cases concerning summary dismissal.