Summary Dismissal in the Netherlands (Ontslag op Staande Voet)

Summary dismissal (ontslag op staande voet) is the most drastic form of dismissal under Dutch employment law. Your employer terminates your employment immediately, without notice, with effect from one moment to the next. The consequences are severe: you lose your income instantly, you generally have no right to unemployment benefits, and you receive no severance pay. However, a summary dismissal is only valid if strict legal requirements are met — and many summary dismissals do not meet those requirements. In this article you will learn exactly when summary dismissal is permitted, what your rights are, how you can challenge it, and what steps to take if this happens to you.

What is summary dismissal?

Summary dismissal (ontslag op staande voet) is an immediate termination of the employment contract, without observing any notice period. It is regulated in Articles 7:677 to 7:681 of the Dutch Civil Code (Burgerlijk Wetboek, BW). Unlike ordinary dismissal, the employment ends at the exact moment the dismissal is communicated to you — there is no waiting period, no UWV procedure, and no court approval required beforehand.

Summary dismissal is intended as an exceptional measure for situations in which the employer cannot reasonably be expected to continue the employment, not even for a single day. Because of its far-reaching consequences for the employee, Dutch law sets strict requirements. If even one of these requirements is not met, the dismissal is legally invalid, and you can challenge it.

It is important to understand that summary dismissal works both ways under Dutch law: an employee can also take "summary resignation" (ontslag op staande voet nemen) if the employer commits a serious breach. However, this article focuses on the situation in which your employer dismisses you summarily.

Three strict requirements for valid summary dismissal

Under Dutch case law and statutory provisions, a summary dismissal is only valid if all three of the following requirements are met simultaneously. If even one requirement is lacking, the dismissal is invalid.

1. An urgent reason (dringende reden)

There must be an urgent reason for the dismissal. Article 7:678 BW provides a non-exhaustive list of situations that may constitute an urgent reason. The key criterion is that the behaviour or circumstance is so serious that it is unreasonable to expect the employer to continue the employment relationship. The urgency is assessed based on all circumstances of the case, including your length of service, your personal circumstances, the nature of the work, and any prior warnings.

2. Immediacy (onverwijldheid)

The dismissal must be given immediately after the urgent reason becomes known to the employer. "Immediately" means without unnecessary delay. The employer is permitted a short period to investigate the facts and consult a lawyer, but once the investigation is complete and the facts are established, the employer must act promptly. A delay of several days or weeks after the facts are established generally means the requirement of immediacy is not met, which makes the dismissal invalid.

In practice, this means that if your employer knew about the alleged misconduct for two weeks before dismissing you, the summary dismissal is likely invalid on this ground alone. The exact timeframe depends on the circumstances, but courts consistently hold that unnecessary delay undermines the urgency of the dismissal.

3. Immediate notification of the reason (onverwijlde mededeling)

The employer must inform you of the specific reason for the summary dismissal at the moment of dismissal. You must know exactly why you are being dismissed, so you can assess whether the stated reason is justified and whether you wish to challenge the dismissal. The reason given at the time of dismissal is the reason that counts — the employer cannot add or change the reasons afterwards. This requirement is laid down in Article 7:677 paragraph 1 BW.

Examples of urgent reasons

Article 7:678 BW provides a list of situations that may constitute an urgent reason for summary dismissal. The most commonly cited examples in case law include:

• Theft or fraud: stealing from the employer, falsifying expense claims, or committing fraud. Even theft of items of low value can be considered an urgent reason, although courts increasingly consider the employee's personal circumstances and length of service.
• Gross misconduct or violence: physical violence, threats, or severe harassment towards colleagues, customers, or the employer.
• Persistent refusal to work: deliberately and repeatedly refusing to perform reasonable work instructions, despite warnings. A single incident is generally not sufficient.
• Serious violation of confidentiality: sharing trade secrets or confidential business information with competitors or third parties.
• Deception at hiring: providing false information or forged documents (such as diplomas) that were essential for the employment decision.
• Being under the influence: appearing at work under the influence of alcohol or drugs, particularly in positions where safety is at stake, such as in transport, healthcare, or construction.
• Criminal conduct: committing a crime during working hours or in the workplace, such as dealing drugs on company premises.

Consequences of summary dismissal

Summary dismissal has far-reaching consequences for you as an employee. It is important to understand these consequences, because they also form the reason why challenging an invalid summary dismissal is so important.

Immediate loss of income

Your employment and salary stop immediately. You do not receive pay during a notice period, because there is no notice period with summary dismissal.

No unemployment benefits

If the summary dismissal stands, you are generally not entitled to unemployment benefits (WW-uitkering). The UWV considers you culpably unemployed if the dismissal is based on a valid urgent reason. This means you have no income safety net while looking for new employment.

No severance pay

In principle, you do not receive severance pay (transitievergoeding) after a valid summary dismissal. Under Article 7:673 paragraph 7 sub c BW, the severance pay is not due if the termination is the result of seriously culpable acts or omissions on the part of the employee. However, the court may still award full or partial severance pay if withholding it entirely would be unacceptable in light of the circumstances.

Potential damages claim by the employer

Your employer may claim damages from you for the costs incurred as a result of the immediate termination. Under Article 7:677 paragraph 2 BW, the employer can claim fixed damages equal to the salary for the notice period that was not observed, or actual damages if those are higher.

Negative reference

A summary dismissal on your record can be a significant obstacle in finding new employment. Potential employers may ask about the reason for termination of your previous employment.

Challenging a summary dismissal

If you believe the summary dismissal is invalid, you have the right to challenge it. This is done by filing a petition (verzoekschrift) with the subdistrict court (kantonrechter). You have two options:

Option 1: Request for annulment (vernietiging)

You request the court to annul the summary dismissal. If the court agrees, the employment contract is deemed to have continued uninterrupted. This means you are entitled to back pay from the date of dismissal onwards, and the employment relationship continues. This option is appropriate if you want to return to your job or use the continued employment as leverage for a better settlement.

Option 2: Request for fair compensation (billijke vergoeding)

You accept the termination of the employment but request the court to award you a fair compensation (billijke vergoeding) because the summary dismissal was unjustified. This option is appropriate if you do not wish to return to the employer but do want financial compensation for the invalid dismissal. In addition to the fair compensation, you can also claim the severance pay.

Interim measures (provisionele vordering)

Because the two-month period is short and court proceedings take time, you can also request interim measures alongside the main petition. For example, you can request continued payment of your salary pending the outcome of the case. The court can grant such measures if there is a reasonable chance that the summary dismissal will be annulled.

Compensation if the dismissal is invalid

If the court rules that the summary dismissal is invalid (because one or more of the three requirements were not met), you may be entitled to the following:

• Back pay: if the court annuls the dismissal, you are entitled to your full salary from the date of dismissal until the date the employment contract is validly terminated.
• Severance pay (transitievergoeding): the statutory severance pay, calculated as one-third of a monthly salary per year of service.
• Fair compensation (billijke vergoeding): an additional compensation that the court may award if the employer acted seriously culpably. The amount depends on the circumstances, including the income you have lost, the seriousness of the employer's misconduct, and your chances of finding new employment.
• Damages: compensation for any additional damages you have suffered, such as loss of pension accrual or costs incurred.

In practice, an invalid summary dismissal often leads to a settlement agreement between the parties, typically with a substantially higher compensation than the statutory minimum. The employer knows the court is likely to rule against them and prefers to settle out of court.

Practical steps after summary dismissal

If you have been summarily dismissed, the following steps are important:

1. Remain calm and do not sign anything. In the shock of the moment, your employer may ask you to sign documents. Do not sign anything without first consulting a lawyer.
2. Request written confirmation. Ask your employer to confirm the summary dismissal in writing, including the specific reason. If the employer only dismissed you verbally, send an email or letter confirming what was said and asking for written clarification.
3. Dispute the dismissal in writing immediately. Send a letter or email to your employer stating that you consider the summary dismissal invalid, that you remain available for work, and that you hold the employer liable for all damages. This is an important step to protect your legal position.
4. Seek legal advice without delay. Given the strict two-month limitation period, you must act quickly. A lawyer can assess whether the dismissal is valid and, if not, file a petition with the court.
5. Register with the UWV. Even though you may not be entitled to unemployment benefits after a valid summary dismissal, register as a jobseeker with the UWV. If the dismissal is later annulled or found to be invalid, this registration can be important for your benefit rights.
6. Collect evidence. Save all relevant communications (emails, WhatsApp messages, letters), witness statements, and any other evidence that supports your case.

Can your employer claim damages?

If the summary dismissal is valid (the court confirms the urgent reason), your employer may claim damages from you. Under Article 7:677 paragraph 2 BW, the employer can choose between:

• Fixed damages: an amount equal to the salary for the notice period that was not observed due to the immediate termination.
• Actual damages: the actual costs the employer has incurred as a result of the immediate termination, such as costs for temporary replacement or lost business opportunities. In this case, the employer must prove the actual amount of damages.

In practice, employers do not always claim damages, particularly if the employee has limited financial means. However, it is a risk you should be aware of, and it is another reason to challenge the dismissal if there are grounds to do so.

Alternatives to summary dismissal

In many situations where employers resort to summary dismissal, there may be a better outcome available through negotiation. If you have been summarily dismissed, or if a summary dismissal is being threatened, the following alternatives may be worth exploring:

• Settlement agreement: even after a summary dismissal, the employer may be willing to convert it into a termination by mutual consent via a settlement agreement. This often happens when the employer realises the summary dismissal may not hold up in court. A settlement agreement can preserve your right to unemployment benefits and may include a compensation.
• Withdrawal of the summary dismissal: in some cases, the employer may withdraw the summary dismissal, for example after legal advice reveals that the dismissal does not meet the legal requirements. The employer may then choose a different dismissal route.
• Conditional dissolution: alongside the summary dismissal, the employer may file a petition for conditional dissolution of the employment contract with the subdistrict court. If the summary dismissal is later annulled, the conditional dissolution serves as a fallback. As an employee, you should be aware of this tactic and respond accordingly in the proceedings.

Frequently asked questions about summary dismissal

How quickly must I challenge a summary dismissal?

You must file a petition with the subdistrict court within two months after the date of summary dismissal. This is a strict limitation period (vervaltermijn) that cannot be extended. If you miss this deadline, you permanently lose the right to challenge the dismissal. Seek legal advice as soon as possible.

Am I entitled to unemployment benefits after summary dismissal?

In most cases, no. If the summary dismissal is valid, the UWV considers you culpably unemployed, which means you have no right to unemployment benefits. However, if you successfully challenge the dismissal, or if the summary dismissal is converted into a termination by mutual consent, your right to unemployment benefits may be preserved.

Can I be summarily dismissed for a single incident?

In principle, yes, if the incident is sufficiently serious. However, courts always consider all circumstances, including the severity of the behaviour, your length of service, your personal circumstances, and whether you have received prior warnings. For less serious misconduct, courts often expect the employer to have first given warnings or used a less severe sanction before resorting to summary dismissal.

What if I disagree with the reason given for my dismissal?

If you dispute the facts underlying the summary dismissal, you should challenge the dismissal in court. The burden of proof lies with the employer: they must prove the facts that constitute the urgent reason. If the employer cannot prove the stated reason, the summary dismissal is invalid.

Can a summary dismissal be converted into a settlement agreement?

Yes, this happens regularly in practice. If the employer realises the summary dismissal may not hold up in court, they may offer a settlement agreement as an alternative. This can be beneficial for you, as it can preserve your right to unemployment benefits and may include a compensation. Always have such an agreement checked by a lawyer before signing.

Is summary dismissal possible during illness?

Summary dismissal during illness is legally possible if there is a valid urgent reason that is unrelated to the illness itself. The dismissal ban during illness (opzegverbod) does not apply to summary dismissal. However, if the reason for the summary dismissal is connected to the illness (for example, failing to comply with reintegration obligations), courts apply a stricter standard and the employer must first issue warnings and follow the correct procedure.