Summary dismissal (ontslag op staande voet)

Summary dismissal (ontslag op staande voet) is immediate termination of the employment without notice and without prior permission from the UWV or the court. It is the heaviest instrument in Dutch employment law, and the requirements are correspondingly strict.

Legal basis

Articles 7:677 and 7:678 of the Dutch Civil Code set out three cumulative conditions. There must be an urgent cause, the dismissal must be given without delay, and the reason must be communicated at the same moment. If any one of the three fails, the dismissal does not hold, even where the underlying conduct is serious.

Article 7:678 lists examples of urgent cause: theft, fraud, serious insult, persistent refusal to follow reasonable instructions. The list is illustrative. Whether conduct qualifies depends on the nature and gravity of the act, the length of service and past performance, and the personal consequences for the employee.

What “without delay” means

The employer must act as soon as the facts are sufficiently clear. Short delay for investigation, for hearing the employee and for taking legal advice is accepted, but it is measured in days, not weeks. Suspending the employee while the facts are established is the usual route, and the clock effectively pauses during a properly conducted investigation.

The reason given at the moment of dismissal fixes the case. An employer cannot add grounds later; if the stated reason does not hold up, the additional facts discovered afterwards will not save the dismissal.

Consequences and how to challenge it

A valid summary dismissal ends the employment immediately, without notice period and without transition payment, and the employee will normally not qualify for unemployment benefit. Where it does not hold, the employee can ask the court to annul the dismissal and claim reinstatement with back pay, or accept the termination and claim compensation instead.

The deadline is short and strict: under Article 7:686a of the Dutch Civil Code the application must be filed within two months of the dismissal. That period is not extended by negotiations, and missing it ends the case regardless of its merits.