For example, if an employee has a lot of service years and steals something very small, this may not result in a valid dismissal. 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. All circumstances of the case are relevant in determining the amount. In the Netherlands 22 percent of women deliver at home with certified midwives in a system designed to foster cooperation and facilitate transfers to hospital if needed [5]. Legal advice on settlement agreement in Amsterdam, Sociaal plan, ontslag en transitievergoeding. Therefore, if you have any questions about immediate dismissal (summary or instant dismissal), please contact our Amsterdam Employment Law lawyers. This however is a risky strategy, given the substantial exposure (see 4). Examples of internal crime are employees taking money from the till, employees offering discounts to friends or employees stealing money or products. The factors are out of the employee’s control and relate to the steps that the employer must take to protect his/her business against financial failure. This specialist attorney will give expats and employers immediate legal advice and assistance. First, there is the obligation to pay a “transition compensation” (transitievergoeding) to every employee that doesn’t bear gross liability as to the dismissal. Have an urgent cause to dismiss (mostly gross misconduct); Provide the employee with an explanatory letter. If the employee’s performance does not improve over time, then the employer may have reasonable grounds for dismissal. Dutch employment law mentions some examples of urgent causes. As soon as there is an urgent reason, he must dismiss the employee immediately (without delay). The court may decide that the employer must pay a substantial compensation if immediate dismissal is unjustified. 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). In practice, the following reasons often result in immediate dismissal: fraud, violence at work of theft. An employee confronted with an instant dismissal has to act swiftly as well. Netherlands Enterprise Agency RVO If your employee calls in sick, they do not have to tell you exactly what is wrong. If the applicable notice period is for instance 2 months, the employer can claim 2 monthly salaries from the employee. (c) Advocatenkantoor WS Advocaten Amsterdam, WS Advocaten en mediators Amsterdam |Rooseveltlaan 2 - 4, Lawyer in Amsterdam for Expats and employers who specializes in dismissal law, Compensation if immediate dismissal is unjustified, Contact our Amsterdam lawyer: specialist in dismissal law. What are your rights and obligations in the event of dismissal or if you have been dismissed because of an urgent reason? There are 3 cumulative severance compensations the employee can claim on the basis of wrongful termination. Employment contracts under Dutch law In the Netherlands, one can appeal a district court’s decision and, if necessary, lodge an appeal with the Supreme Court. As an alternative, a request can be filed at the Court on the basis of (the same) gross misconduct, while suspending the employee. What instant dismissal is. If the instant dismissal is determined invalid by the Court (and the employee does not seek reinstatement) a special severance compensation (“billijke vergoeding”) needs to be paid. He or she can then join you in protesting against the dismissal, see if a settlement is possible, or start a procedure with the subdistrict court. Therefore, it’s required the employee acted intentionally or deliberate recklessness. The most radical form of dismissal is ‘instant dismissal’. Therefore, call our lawyer in Amsterdam as soon as you have been dismissed or have received a letter of dismissal. There are strict rules for a legally valid termination. If an employer strongly rejects certain behavior, it pays to incorporate prohibitions in staff regulations or an employee handbook. If there is a sufficiently urgent reason for this, instant dismissal can be given or taken. This additional compensation raises the stakes. Instant dismissal in the Netherlands. The personal circumstances of the employee are relevant. Procedure for obtaining approval. In the event of gross misconduct on behalf of the employee, the employer can “fire” the employee immediately and without severance compensation. So het or she can immediately call in a lawyer specialised in employment law. In this (rare) event, there can be a valid instant dismissal. Instant dismissal. 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