When is your employer allowed to fire you with immediate effect?
Your employer is not allowed to fire you on the spot if the following conditions are not met:
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If you have not gotten any other sanctions, such as a warning or suspension;
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There must be an urgent reason for your instant dismissal. For instance, if, despite warnings, you showed up drunk at work. Other examples of urgent reasons include sexual harassment or mistreating your employer or a co-worker.
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Your employer must immediately make clear to you why they are firing you on the spot. What is the reason?
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Your employer must fire you immediately after the incident that gave rise to the dismissal. In some cases they may investigate the matter and fire you as soon as the investigation is completed.
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Your employer is required to notify you of this procedure, by letter stating why you are fired and on what date the incident happened. When there is an investigation, that may not take to long to end.
Having your instant dismissal nullified
If you disagree with your summary dismissal (ontslag op staande voet) you can apply to the subdistrict court judge (kantonrechter ) within two months to have the dismissal set aside. The subdistrict court judge will then consider whether the dismissal was justified.
Please note: two months is a very short period. Therefore, contact us immediately for legal assistance. We will help you with your petition.
The judge gives a ruling on a summary dismissal
The judge will look at whether your employer had a valid urgent reason for firing you on the spot. If they feel this is not the case, your dismissal will be annulled, and your employer will be required to continue paying your wage in full.
If the judge finds there was a valid reason for your instant dismissal, the dismissal will remain in place and your employer will not need to continue paying your wage.
The judge will also determine whether the urgent reason for dismissal was a result of your own actions. If the judge considers the reason for your dismissal to be justified but not serious enough, they may decide that you are still entitled to severance pay (ontslagvergoeding). You are not entitled to severance pay or a transition payment (transitievergoeding) if the judge feels you are wholly to blame for the serious reason for dismissal. In that case, the instant dismissal remains in place.
Instant dismissal: entitlement to unemployment benefits
If you are fired with immediate effect, you will not be entitled to unemployment benefits (WW-uitkering). But then you can go to the local authorities (gemeente) and ask them for a social security benefit (bijstandsuitkering). However, if the subdistrict court judge considers your instant dismissal to be unjustified, but does terminates your contract, you will be entitled to unemployment benefits.
Compensation for damages payable by you
If you are fired on the spot, the employer may sometimes claim compensation for damages (schadevergoeding) from you. If you have a permanent or a fixed-term contract that you can terminate early, the compensation will equal the wage you would have been paid over the notice period (opzegtermijn). The subdistrict court judge may lower this amount.
Can I quit on the spot myself?
Certainly. You can resign immediately if, for example, the employer threatens or abuses you.
Please note: Always consult us first before quitting your job on the spot. We can assess your situation and advise you on the best course of action. You can also file a report with the police if your employer has threatened or abused you. In that case, contact the FNV immediately so that we can mediate for you.
