Terug naar Encyclopedie

Summary Dismissal in Amsterdam: Urgent Reason and Local Consequences

Summary dismissal (Art. 7:677 of the Dutch Civil Code) in Amsterdam for urgent reasons such as theft in the hospitality sector or fraud. Procedures, risks, defense options, and local subdistrict courts for employers and employees without a notice period.

2 min leestijd
# Summary Dismissal in Amsterdam: Urgent Reason and Local Consequences Summary dismissal (Art. 7:677 of the Dutch Civil Code) entails immediate termination without a notice period or UWV (Employee Insurance Agency) approval, a common occurrence in Amsterdam’s vibrant economy encompassing hospitality, tech, and retail sectors. It requires an urgent reason, such as theft from cash registers in the city center, fraud within self-employed (ZZP) arrangements, or serious misconduct in the Zuidas business district. ## What Constitutes an Urgent Reason in the Amsterdam Context? Facts that justify immediate termination are assessed based on local circumstances, such as high workloads in the canal belt. Examples include: - Aggression during events at Museumplein, - Violation of non-compete clauses by switching to rival startups in Amsterdam-Noord, or - Prolonged unauthorized sick leave at port companies. ## Procedure for Amsterdam-Based Companies - Immediate notification, either verbally or in writing, with justification, ideally reviewed by an Amsterdam employment lawyer. - A hearing for the employee beforehand, unless urgency prevails (e.g., shoplifting in Kalverstraat). - Wages cease immediately, but be mindful of collective labor agreements (CAOs) in the North Holland region. ## Risks for Employers in Amsterdam In cases of unjustified dismissal, employers may face: - Continued wage payments, - Compensation for damages, and - Reinstatement of the employment contract. Employees may file a claim with the subdistrict court in Amsterdam (Pieterskerkstraat) within two months. Local judges rigorously scrutinize evidence across various sectors. ## Options for Employees in the Region Employees may: - Submit a counterstatement to the UWV Werkbedrijf Amsterdam to secure unemployment benefits (WW). - Gather evidence to refute the urgent reason, supported by trade unions such as FNV (located on Balistraat). - Consider mediation via the Legal Counter (Juridisch Loket) in Amsterdam. ## Statistics and Tips for Amsterdam Only 20% of summary dismissals are upheld by the Amsterdam District Court. Best practices include: - Documenting incidents with CCTV footage from the city center. - Issuing prior warnings through HR protocols. - Reserving summary dismissal for repeated misconduct in the nightlife sector. - Exploring alternative warning procedures via occupational health and safety services (Arbo-diensten) in Zuidoost. Always consult a local specialist in Amsterdam employment law.