The employee’s behavior must be so serious that an employer may dismiss an employee immediately. My landlord in Amsterdam does not return my deposit, Deposit and/or additional costs in a Dutch rental agreement, Advocatenkantoor Amsterdam voor familierecht, Adviseur gespecialiseerd in ambtenarenrecht, Huurverlaging voor ondernemers (horeca, winkels, etc.) In the event of gross misconduct on behalf of the employee, the employer can “fire” the employee immediately … Kan een werkgever een ontslag op staande voet intrekken? However, the employer must pay a severance compensation (transitievergoeding). in Amsterdam wegens corona -, Opzegging arbeidscontract en schadevergoeding -, What are the consequences for a subtenant if the Dutch tenancy agreement between the main tenant and the landlord e…, Wat zijn de gevolgen voor een onderhuurder als de huurovereenkomst tussen hoofdhuurder en verhuurder eindigt? In the event of gross misconduct on behalf of the employee, the employer can “fire” the employee immediately and without severance compensation. First, there is the obligation to pay a “transition compensation” (transitievergoeding) to every employee that doesn’t bear gross liability as to the dismissal. 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? For immediate dismissal (summary or instant dismissal) you need a Dutch lawyer in Amsterdam who is a specialist in dismissal law. For instance: with 15 or more service years, the statutory notice period is 4 months. This amounts to 1/6 monthly salary for every 6 months of service, including holiday allowance. If undesired behavior of the employee is incorporated in an employee handbook, instant dismissal is possible even in the event of minor offences. If the employee starts Court proceedings against the employer in order to challenge the dismissal, the employer can request a “conditional dissolution/termination” (voorwaardelijke ontbinding) of the employment agreement. Legal advice on settlement agreement in Amsterdam, Sociaal plan, ontslag en transitievergoeding. At the request of a dismissal lawyer, the judge will have to decide whether the termination is legally valid. Summary dismissal overrides the requirement of a notice period and therefore the employee is not entitled to receive their notice period. -. Geen transitievergoeding na ontslag wegens onvoldoende medewerking aan reintegratie? Annulment of the dismissal & reinstatement in his job; or. For instance, if the employer can claim damages from the fraudulent employee who acted with intend. Instant dismissal. What instant dismissal is. In the event of immediate dismissal, our Amsterdam labour law lawyer can assist you to initiate (emergency) proceedings, conduct a defense or start negotiations. There are 3 cumulative severance compensations the employee can claim on the basis of wrongful termination. Obviously, cases where the dismissal is for substantial reasons provide the exception to prove this rule. The instant dismissal by Ryanair due to refusal to change work locations is upheld donderdag 25 januari 2018 Last week, the decision of 4 December 2017 by the Subdistrict Section of the Subdistrict Court Oost-Brabant was published in Jurisprudentie Arbeidsrecht (JAR). -, Legal advice on settlement agreement in Amsterdam -, Geen transitievergoeding na ontslag wegens onvoldoende medewerking aan reintegratie? However, instant dismissal is (in principle) also possible in the event the employee is not personally liable for the behavior: the bottom line is that the gross misconduct cannot be tolerated by the employer and this exceptional situation justifies an instant dismissal. In this (rare) event, there can be a valid instant dismissal. ... (instant) dismissal existed. As soon as there is an urgent reason, he must dismiss the employee immediately (without delay). The Supreme Court determined that seriously culpable actions or omissions cannot be assumed merely because there is an urgent cause for instant dismissal. Summary dismissal. This requires immediate and diligent action from the employer. There is (with some exceptions) no obligation on behalf of the employer to pay a severance compensation to the employee. WhatsApp messages in which an employee expresses his opinion about a superior in an offensive manner can be sufficient reason for the employee’s instant dismissal. var addy_texted9606bb0c636272b2527f4f89e8e67e = 'info' + '@' + 'wkadvocaten' + '.' + 'nl';document.getElementById('cloaked9606bb0c636272b2527f4f89e8e67e').innerHTML += ''+addy_texted9606bb0c636272b2527f4f89e8e67e+'<\/a>'; This email address is being protected from spambots. The employer should mention all reasons in the dismissal letter and make clear that all these reasons both individually and combined constitute grounds for instant dismissal. ... (instant) dismissal as a sanction. Netherlands Enterprise Agency RVO If your employee calls in sick, they do not have to tell you exactly what is wrong. If the Court agrees that there is gross misconduct for which the employee is to blame, the dismissal can take place without any severance compensation. For example, an employer may not wait too long with immediate dismissal. This must be done as soon as the urgent reason has come to the attention of the employer. However, in case of summary termination, the employment contract ends with immediate effect. But a dismissal is by no means final in all cases. You need JavaScript enabled to view it. The consequences of immediate dismissal are therefore also serious: no Dutch unemployment benefit and no salary. Because the policies of the employer were crystal clear (eating of left overs during work never allowed), the employee could be instantly dismissed. And even better (for the employer): the employee should pay damages to the employer. The Act also applies to international employers who have employees working in the Netherlands. He must also state the reason immediately, so that the dismissed employee knows where he stands. A dynamic can develop in which a situation that warrants a dismissal is created. An oral statement is not sufficient: the employer will have substantial problems in terms of evidence as to the cause(s) of the dismissal. In principle, this makes it possible to enforce the rules with an instant dismissal. Dutch legislation covers areas such as trial periods, holidays, notice and dismissal, minimum wages, health and safety, and equal treatment. The conflict will escalate. Our experienced lawyers and employment attorneys can properly assess the dismissal and challenge it in court within two months (the deadline). Whether dismissal in the above circumstances is considered fair will depend on the specific circumstances (including the employee’s circumstances) and potentially the process that has been followed. Or we can claim severance pay. Procedure for obtaining approval. Following several meetings and warnings, the employer decided to transfer him to another job and location. Both employers and employees are entitled to terminate the employment contract with immediate effect for urgent cause, without having to observe the statutory or contractual notice period and without having to seek a permit from the UWV. The factors are out of the employee’s control and relate to the steps that the employer must take to protect his/her business against financial failure. Within 2 months after the dismissal, a request needs to be filed at the Court. 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. The employee cannot make a claim for unemployment benefits (WW), except if he manages to successfully challenge the dismissal. This additional compensation raises the stakes. Appointment and Dismissal of Staff in the Netherlands The procedures for appointment and dismissal of staff are partially covered by the Civil Code of the Netherlands and partially clarified by the judicial system. The court may decide that the employer must pay a substantial compensation if immediate dismissal is unjustified. This is to ensure that an employer acts carefully. A good example is employee fraud. Court case of 28 August 2020: instant dismissal of an employee who ignored the instruction to close the restaurant during the lockdown period is declared valid. Therefore, call our lawyer in Amsterdam as soon as you have been dismissed or have received a letter of dismissal. (c) Advocatenkantoor WS Advocaten Amsterdam, WS Advocaten en mediators Amsterdam |Rooseveltlaan 2 - 4, Lawyer in Amsterdam for Expats and employers who specializes in dismissal law, Compensation if immediate dismissal is unjustified, Contact our Amsterdam lawyer: specialist in dismissal law. An instant dismissal can sometimes take place without any liability on behalf of the employee. Employment contracts may also be terminate by instant dismissal for ‘an urgent cause’ (serious misconduct). The employee must be heard: if he’s denied that opportunity, it can affect the legitimacy of the dismissal. In some cases your employer might be able to instantly dismiss you without going through the normal disciplinary procedures. Instant dismissal; Warning Register Retail Trade; If you run a business in the Netherlands and you want to take action against internal crime, you have to comply with certain conditions. Due to the instant dismissal, no notice period is observed. There are strict rules for a legally valid termination. After all, in the event of summary dismissal the employment contract ends without a decision of a Dutch judge or UWV. Ontslag door reorganisatie: hulp van ontslagadvocaat, Huurverlaging voor ondernemers (horeca, winkels, etc.) We can ask the judge to reinstate you and to pay your outstanding salary. The court however ruled that the instant dismissal was too severe, given the fact that the employer had not followed its own internal sanctioning procedure. Drafting the dismissal letter is therefore a very critical process. If too much time passes after the discovery of the unacceptable behavior, the dismissal will not be considered “without delay” and therefore be not valid. To rescue me from instant dismissal, the couple insisted that the tub was requested only for maternal relaxation, where precipitous birth ensued. For example, if an employee has a lot of service years and steals something very small, this may not result in a valid dismissal. Employers need to be sure an employee is guilty of gross misconduct to avoid paying compensation Very often an employer will need to dispense with the services of an employee instantly, particularly if the individual is a threat to the business. It is relatively easy to employ staff, but it may prove tricky to dismiss employees. In the Netherlands on the 15th of March at 18:00, all the restaurants and cafés had to close, further to COVID-19 measures from the Dutch government (lockdown). In the Netherlands, one can appeal a district court’s decision and, if necessary, lodge an appeal with the Supreme Court. Instant dismissal in the Netherlands. The personal circumstances of the employee are relevant. 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. No, it’s not necessary that the employee is liable. This also serves as an example to other employees, that will hopefully abstain from the unwanted behavior in the future. Employers can have good reasons to fire an employee with an instant dismissal. Examples of an urgent reason are: serious crimes at work, for example theft or violence. A request like this serves as an “insurance policy” for the employer: if the employee misconduct is not sufficient for an instant dismissal, or if the instant dismissal was late, such a request can save the day for the employer. This however is a risky strategy, given the substantial exposure (see 4). addyed9606bb0c636272b2527f4f89e8e67e = addyed9606bb0c636272b2527f4f89e8e67e + 'wkadvocaten' + '.' + 'nl'; Even in the event of theft, something that almost always warrants an instant dismissal, there are exceptions based on personal issues. The consequences of an instant dismissal for the employee cannot be overestimated. This specialist attorney will give expats and employers immediate legal advice and assistance. If there is a sufficiently urgent reason for this, instant dismissal can be given or taken. This can be a very substantial amount (see question 3). READ MORE. Therefore, it’s required the employee acted intentionally or deliberate recklessness. Claiming a “billijke vergoeding” (which is a considerably higher severance compensation, in order to compensate the employee for the consequences of the wrongful dismissal). Therefore, if you have any questions about immediate dismissal (summary or instant dismissal), please contact our Amsterdam Employment Law lawyers. document.getElementById('cloaked9606bb0c636272b2527f4f89e8e67e').innerHTML = ''; What’s an urgent reason? A lawyer in Amsterdam who specializes in dismissal law for expats and employers can explain your rights and obligations and what you should do. Have an urgent cause to dismiss (mostly gross misconduct); Provide the employee with an explanatory letter. Instant dismissal is an exceptional form of dismissal in which an employer can fire an employee on the spot for serious cases of misconduct such as theft, embezzlement, abuse, insult or refusal to work. For immediate dismissal (summary or instant dismissal) you need a Dutch lawyer in Amsterdam who is a specialist in dismissal law. It is therefore best to make an appointment for legal advice with our law firm in Amsterdam. var addyed9606bb0c636272b2527f4f89e8e67e = 'info' + '@'; There are in The Netherlands also many rules on whether immediate dismissal is valid. After all, the employee is not liable and needs to be compensated for the consequences of the dismissal. It is fairly common in the Netherlands, in order to avoid court proceedings, to offer compensation to the managing director at the time of dismissal or shortly thereafter. International Dismissal Survey 1 Introduction The third edition of the International Dismissal Survey comprises the legislation of 31 countries: Austria, Azerbaijan, Belgium, Bulgaria, Croatia, Czech ... the Netherlands and the United Kingdom. Instant dismissal (also called summary dismissal) is an appealing topic in Dutch employment law. A brief guide to key legal considerations surrounding employee dismissals and redundancies in Netherlands, including relevant procedures and grounds for challenge. The employer provides the employee with a dismissal letter containing the cause for the dismissal. The employer needs permission for dismissal and has two options depending on the reasons for dismissal: via a district or cantonal court, if the working relationship is damaged, or the UWV, in case of economic reasons or illness. Instant dismissal (also called summary dismissal) is an appealing topic in Dutch employment law. If the employee’s performance does not improve over time, then the employer may have reasonable grounds for dismissal. Instant dismissal. 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. In short this means that, if an employer wants to terminate an employee’s employment agreement, it will have to request permission from the relevant authorities (UWV) or the County Court prior to such termination. Ask our employment lawyer in Amsterdam about this. If the Court considers the dismissal invalid, the employer has to pay the 4 months salary of the notice period. Or fraud combined with verbal aggression towards colleagues. If the instant dismissal is determined invalid by the Court (and the employee does not seek reinstatement) a special severance compensation (“billijke vergoeding”) needs to be paid. 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