Has your employer dismissed you summarily for refusal to work? Then you are probably wondering whether this is permitted. Employers often regard refusal to work as a serious violation, but it does not always lead to a valid summary dismissal.
In this article, we explain when refusal to work can constitute an urgent reason, when dismissal is unjustified, and what you can do.
For more general information about dismissal, visit our page on employment law.
What is refusal to work?
Refusal to work occurs when an employee refuses to perform (reasonable) duties that fall within their job description. This may involve, for example:
- not following a reasonable instruction;
- refusing adapted work;
- not showing up for work;
- refusing overtime (under certain circumstances).
However, not every refusal automatically constitutes refusal to work in the legal sense.
Is summary dismissal for refusal to work permitted?
Yes, but only in exceptional cases. The employer must demonstrate that:
- the instruction was reasonable and lawful;
- the employee knowingly and without valid reason refused;
- the dismissal was given without delay;
- the refusal to work was so serious that continuation of the employment relationship could not reasonably be expected of the employer.
If any of these conditions is absent, the dismissal is often unjustified.
When is summary dismissal for refusal to work unjustified?
In practice, we regularly see that a dismissal for refusal to work does not stand, for example when:
- the instruction was unsafe, unreasonable, or unlawful;
- the employee had medical complaints;
- no clear warning was given;
- the employer should have offered alternatives;
- the employer's response was disproportionate.
Read more about this in our in-depth article: unjustified summary dismissal.
Must refusal to work always be preceded by a warning?
In many cases, yes. A warning, meeting, or written instruction is often required before summary dismissal can be justified. Particularly in the case of a first incident, dismissal is usually too severe.
Challenging summary dismissal for refusal to work
Are you unsure whether the dismissal was justified? Then it is important to act quickly. The dismissal can be challenged, for example because there is no urgent reason.
In our main article, we explain this step by step: challenging summary dismissal.
Consequences for salary and benefits
After summary dismissal, unemployment benefits (WW) are generally not granted. The UWV assesses whether there is culpable unemployment.
More information can be found at: uwv.nl - Unemployment benefits (WW).
What does the government say?
The legal requirements for summary dismissal are laid down in the Dutch Civil Code. The government provides general information about this at:
What can you obtain if the dismissal is unjustified?
If the dismissal does not stand, the court may decide, among other things:
- annulment of the dismissal;
- reinstatement of the employment contract;
- payment of back pay;
- a fair compensation;
- reimbursement of legal costs.
Summary dismissal for refusal to work? Have this assessed
Refusal to work is often too quickly regarded as an urgent reason. A prompt legal assessment can make all the difference.