The conflict will escalate. This specialist attorney will give expats and employers immediate legal advice and assistance. If your employer is dismissing you from your job then there are certain procedures they should follow. Instant dismissal. A brief guide to key legal considerations surrounding employee dismissals and redundancies in Netherlands, including relevant procedures and grounds for challenge. Dismissal obstacles like illness, pregnancy or membership of a works council (which normally would prevent the employer from being able to terminate the employment) are not applicable in the event of an instant dismissal. An employer can have multiple reasons to dismiss an employee: for instance multiple cases of theft. This is to ensure that an employer acts carefully. Instant dismissal is very profound because the employee immediately loses his/her job and salary, and is also not entitled to unemployment benefits. Examples of internal crime are employees taking money from the till, employees offering discounts to friends or employees stealing money or products. As soon as there is an urgent reason, he must dismiss the employee immediately (without delay). Instant dismissal in the Netherlands. 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). Have an urgent cause to dismiss (mostly gross misconduct); Provide the employee with an explanatory letter. In cases of fraud or violence, for example, many employers will decide to dismiss […] Policies of the employer are very relevant. But a dismissal is by no means final in all cases. There are 3 cumulative severance compensations the employee can claim on the basis of wrongful termination. Incorrect wording can result in serious evidentiary problems in Court. WS Advocaten Amsterdam use third party analytics cookies. The consequences of an instant dismissal for the employee cannot be overestimated. In other cases, the employer needs permission from the UWV before it can be canceled. To rescue me from instant dismissal, the couple insisted that the tub was requested only for maternal relaxation, where precipitous birth ensued. Within 2 months after the dismissal, a request needs to be filed at the Court. For more information about dismissal, please call Solidarity’s legal experts at 0861 25 24 23. The court may decide that the employer must pay a substantial compensation if immediate dismissal is unjustified. The employment contract then ends immediately. Ontslag door reorganisatie: hulp van ontslagadvocaat, Huurverlaging voor ondernemers (horeca, winkels, etc.) Instant dismissal (also called summary dismissal) is an appealing topic in Dutch employment law. Drafting the dismissal letter is therefore a very critical process. However, in case of summary termination, the employment contract ends with immediate effect. This however is a risky strategy, given the substantial exposure (see 4). In practice, the following reasons often result in immediate dismissal: fraud, violence at work of theft. First of all, the employer can request an amount equal to the applicable notice period. READ MORE. This amounts to 1/6 monthly salary for every 6 months of service, including holiday allowance. However, if an addiction is the cause of the behavior, the personal circumstances (medical reasons) can prevent the employer to dismiss the employee. In order to dismiss an employee with immediate effect the employer should: This should concern gross misconduct that makes it unacceptable (for the employer) to continue the employment agreement. Due to the instant dismissal, no notice period is observed. The personal circumstances of the employee are relevant. As an alternative, a request can be filed at the Court on the basis of (the same) gross misconduct, while suspending 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. Ask our employment lawyer in Amsterdam about this. In the event of gross misconduct on behalf of the employee, the employer can “fire” the employee immediately … There is (with some exceptions) no obligation on behalf of the employer to pay a severance compensation to the employee. The Act also applies to international employers who have employees working in the Netherlands. However, the employer must pay a severance compensation (transitievergoeding). Wat zijn de gevolgen voor een onderhuurder als de huurovereenkomst tussen hoofdhuurder en verhuurder eindigt? An oral statement is not sufficient: the employer will have substantial problems in terms of evidence as to the cause(s) of the dismissal. For instance, if the employer can claim damages from the fraudulent employee who acted with intend. In principle, this makes it possible to enforce the rules with an instant dismissal. For example, if an employee has a lot of service years and steals something very small, this may not result in a valid dismissal. In the event of gross misconduct on behalf of the employee, the employer can “fire” the employee immediately and without severance compensation. Last year there was a case of instant dismissal that did not end the way the employee had wanted (because they were not aware of the new law). The employer provides the employee with a dismissal letter containing the cause for the dismissal. The employee would have been incapable of organizing and managing. Questions?Jos Willemsen06-25248130This email address is being protected from spambots. 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