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Summary Dismissal: Urgent Cause and Immediate Consequences

Summary dismissal (art. 7:677 DCC) for urgent cause such as theft. Procedure, risks and defence options for employers and employees without notice period.

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Summary Dismissal: Urgent Cause and Immediate Consequences

Summary dismissal (art. 7:677 DCC) is direct termination without notice period or permission. Requires urgent cause, such as theft, fraud or serious misconduct.

What is an Urgent Cause?

Facts that justify immediate dissolution, assessed by circumstances. Examples: aggression, breach of non-compete clause, prolonged absenteeism due to illness without notification.

Procedure

  • Immediately notify, orally or in writing with motivation.
  • Prior hearing for employee, unless urgent.
  • Salary stops immediately.

Risks for Employer

In case of unjustified dismissal: continue paying salary, compensation and possible reinstatement of employment contract. Employee can challenge before the subdistrict court (within two months).

For Employees: Defence

File objection with UWV for unemployment benefits. Collect evidence against urgent cause.

Figures and Tips

Only 20% of summary dismissals are upheld. Document facts and warn in advance. Use for repeated misconduct. Alternative: warning procedure. (201 words)

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