Serious Misconduct: Summary Dismissal

Serious misconduct forms a key concept in Dutch employment law and is often the basis for summary dismissal, without observance of a notice period. For employers and employees in Leiden and surroundings, this is relevant in disputes over employment contracts. This article discusses the definition, statutory rules and practical implications, with attention to local institutions such as the Rechtbank Den Haag, Locatie Leiden.

What is Meant by Serious Misconduct?

According to Article 7:678 of the Dutch Civil Code (BW), serious misconduct qualifies as an urgent reason for immediate termination of the employment contract. It concerns breaches of obligations by the employee that are so weighty that continuation of the employment relationship is unreasonable for the employer. No notice period or transition payment is then required.

Statutory Basis: Article 7:678 BW

Paragraph 1 of Article 7:678 BW states that both parties may terminate the agreement summarily in the event of an urgent reason. Paragraph 2 describes this as circumstances that justify immediate dissolution. For employers, this generally concerns employee breaches; for employees, employer faults.

Criteria for Serious Misconduct

Judges, including those of the Rechtbank Den Haag, Locatie Leiden, apply strict scrutiny:

1. Objective Severity

The breach must be serious, taking into account the position, hierarchy, years of service, past performance and company standards in the Leiden region.

2. Attributability

The employee must reasonably have been able to foresee the conduct as unacceptable.

3. Direct Link

The violation must render the employment relationship irreparably damaged.

4. Immediate Reaction

Dismissal must follow 'immediately' (Article 7:678 paragraph 3 BW), generally within days of discovery, with room for limited investigation.

Typical Examples from Case Law

Case law provides clear examples:

Theft or Embezzlement

Stealing goods or cash fundamentally breaks trust. Even small amounts suffice (cf. Supreme Court 12 February 1999, JAR 1999/59).

Fraud and Deception

False claims or document forgery invariably lead to dismissal.

Violence or Aggression

Physical incidents against colleagues or customers justify immediate action; also bullying or threats.

Competition or Abuse

Side activities to the detriment of the employer or leaking information.

Repeated Violations

Cumulative absenteeism after warnings can be decisive.

Resistance to Instructions

Structural insubordination under certain conditions.

What Are the Consequences?

For Employees

In the event of valid dismissal, no benefit via UWV (first 26 weeks), no transition or severance payment. If declared invalid by the court (e.g., Rechtbank Den Haag, Locatie Leiden), reinstatement or damages follow. Consult the Juridisch Loket Leiden, Stationsweg 46 for free advice.

For Employers

Correct procedure prevents lawsuits; document everything carefully.

In Leiden, for employment disputes, you can go to the aforementioned court location or the Juridisch Loket for assistance.