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Summary dismissal

Summary dismissal is the immediate termination of the employment contract by the employer or the employee on the grounds of an urgent cause, without observing the notice period or obtaining UWV approval.

Summary dismissal requires an urgent reason that renders continuation of the employment contract immediately impossible, such as theft, violence or gross negligence. The reason must be notified without delay, and notice of termination must be given in writing or orally.

This form of dismissal is significant because it departs from the standard procedure involving a notice period and prevents an employee from remaining in service any longer in the event of serious misconduct. It affords the employer a swift remedy, but carries risks where the urgent reason is not sufficiently established.

In practice, summary dismissal frequently gives rise to proceedings before the subdistrict court concerning its validity, in which the employee may claim compensation if the dismissal is found to be unjustified.

“Following the theft of company property, the employer summarily dismissed the employee.”

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