What is an urgent cause in employment law in Amsterdam?
An **urgent cause** in employment law enables an employer in Amsterdam to dismiss an employee **immediately and without notice period**. This applies in cases of **serious misconduct** that severely disrupt the employment relationship or directly threaten business operations. It is an exceptional measure that requires **solid substantiation**, such as fraud, theft, aggression or irreparable misconduct.
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Legal basis: urgent cause according to article 7:678 BW
The core provision is **article 7:678 Dutch Civil Code (BW)**, which allows employers in Amsterdam to grant an employee **summary dismissal** if:
1. There is **serious negligence**, including:
- **Fraud** or **embezzlement** in the workplace.
- **Physical violence** or **intimidation** towards colleagues, customers or managers.
- **Structural irresponsible absenteeism**, without medical substantiation.
- **Breach of confidentiality**, such as leaking company information to competitors.
2. The misconduct is **acutely serious**, making continuation of employment **unbearable**.
> **Crucial:** The reason must be **objectively ascertainable** and **documented**. Personal antipathies or minor errors do not qualify.
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Practical examples of urgent cause in Amsterdam
Below are concrete **cases** from Amsterdam practice:
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Theft or fraud:
A shop employee in Amsterdam who repeatedly steals goods can be dismissed immediately upon proof. The same applies to tampering with cash receipts.
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Aggression or violence:
Physical altercations with colleagues or customers, such as pushing or verbal abuse, justify summary dismissal. One serious incident is often sufficient.
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Prolonged unmotivated absenteeism:
Repeated absence without a doctor's certificate can constitute an urgent cause, provided the employer has previously offered **dialogue** and **reintegration**.
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Loss of trust:
Passing on sensitive data (such as customer files) to competitors in the Amsterdam region leads to immediate dismissal.
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Neglecting safety:
Deliberately skipping protocols, e.g. not wearing a helmet on an Amsterdam construction site, with risk to third parties, is grounds for dismissal.
> **Note:** Proportional response is essential. First minor mistakes (such as being late) are not an urgent cause.
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Rights and obligations in case of urgent dismissal in Amsterdam
Rights of the employer
- **Immediate dismissal** without notice period upon proven urgent cause.
- No mandatory warning, unless required by collective agreement or contract.
- Obligation to provide evidence (witnesses, footage, documents).
Rights of the employee
- Right to **written reasoning** for the dismissal.
- Possibility of **objection** and legal action.
- In case of wrongful dismissal: claim for **compensation** or **reinstatement** via the court.
Obligations of the employer
- **Objective assessment** without bias.
- Provide sufficient **documentation**.
Local institutions in Amsterdam
- Rechtbank Amsterdam: Parnassusweg 220 – for dismissal procedures.
- Juridisch Loket Amsterdam: Vijzelstraat 77 – free advice for employees.
> **Tip:** In case of dispute, always seek legal advice quickly from the Juridisch Loket or an employment law attorney in Amsterdam.