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Summary Dismissal in Leiden - When is it Permitted?

Summary dismissal is a drastic measure that in Leiden is only permitted in case of an urgent reason. Read more about the conditions, procedures and judicial review at the District Court of The Hague, Leiden location.

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Summary Dismissal in Leiden - When is it Permitted?

Summary dismissal is a drastic measure whereby an employment contract is terminated with immediate effect by the employer. This is only permitted in case of an urgent reason, as laid down in article 7:677 of the Dutch Civil Code.

What Qualifies as an Urgent Reason?

An urgent reason concerns a situation that is so serious that the employer can no longer be required to maintain the employment contract. It involves conduct or incidents that irreparably damage mutual trust.

Examples of Serious Misconduct

  • Theft or fraud - Misappropriating company assets or submitting false expense claims
  • Aggression or intimidation - Physical violence or threats towards colleagues or managers
  • Serious negligence - Systematically refusing to perform tasks
  • Breach of trust - Leaking confidential company information
  • Alcohol abuse - Repeatedly appearing at work under the influence
  • Prohibited competition - Activities for a competing company without permission

Procedural Requirements and Deadlines

Immediate Notification Required

The employer must announce the dismissal immediately after discovering the misconduct. 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 Justification

The dismissal must be in writing and properly substantiated with:

  • The specific urgent reason
  • The underlying facts
  • The date on which the employment contract ends with immediate effect

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 assesses the lawfulness of the dismissal.

No Right to Transition Payment

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

Judicial Review in Leiden

The cantonal judge, such as the one in Leiden affiliated with the District Court of The Hague, Leiden location, strictly assesses whether a summary dismissal is lawful:

  • Is there a valid urgent reason?
  • Was the dismissal given immediately after discovery?
  • Are the facts sufficiently proven?
  • Is the dismissal proportionate to the situation?
  • Have the employee's personal circumstances been taken into account?

Frequently Asked Questions about Dismissal in Leiden

How Long Do I Have to Challenge a Dismissal?

You have two months after receipt of the dismissal letter to file a request for annulment of the dismissal with the cantonal judge in Leiden.

Do I Have to Sign the Dismissal Letter?

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

Practical Advice for Residents of Leiden

Tips for Employees

  1. Always request a written explanation of the dismissal
  2. Contact a lawyer or trade union in Leiden immediately
  3. Keep all relevant documents and correspondence
  4. Register with the Employee Insurance Agency within one week
  5. Initiate legal proceedings within two months if you wish to challenge the dismissal

Tips for Employers

  1. Conduct thorough investigation into the situation
  2. Give the employee the opportunity to tell their side of the story
  3. Announce the dismissal as soon as possible after discovery
  4. Have the dismissal letter drafted with the help of a lawyer

Legal basis: Articles 7:677 and 7:678 Dutch Civil Code

Local support: For legal advice, you can go to the Juridisch Loket Leiden, located at Stationsweg 46.