Contesting a summary dismissal in the Netherlands
If you have received a summary dismissal (ontslag op staande voet) and you believe it is unlawful, you must act quickly. Dutch law imposes strict time limits on contesting a summary dismissal - these limits are vervaltermijnen (expiry periods), meaning that missing them extinguishes your rights entirely, regardless of the merits. An employee who does nothing after receiving a summary dismissal will find that their legal options disappear within weeks.
The main options for contesting a summary dismissal are:
- Annulment request (vernietiging): Under Article 7:681 of the Dutch Civil Code, the employee can request the kantonrechter to annul the dismissal within two months of the date of dismissal. If successful, the employment is restored and the employer must pay all back wages plus the statutory increase.
- Damages claim: As an alternative to annulment, the employee can accept the dismissal and claim damages equal to the wages during the notice period plus the transition payment and, in serious cases, fair compensation (billijke vergoeding).
- Interim injunction (kort geding): In urgent cases, the employee can seek an interim injunction to suspend the dismissal and compel continued wage payment pending the main proceedings.
Time limits - act immediately
The two-month period for requesting annulment is the critical deadline. Even a request for a kort geding should be filed within days of the dismissal to be effective. The employee should consult an employment lawyer on the day of dismissal or the next working day at the latest. The lawyer will assess whether the dismissal meets the legal requirements, advise on the best strategy, and file the necessary papers within the time limits.
Under Article 7:681 of the Dutch Civil Code, the employee must request annulment of the summary dismissal before the subdistrict court within two months of the date of dismissal; this two-month period is a vervaltermijn (expiry period) and cannot be extended under any circumstances. As an alternative to annulment, the employee can accept the dismissal and claim damages - the gefixeerde schadevergoeding (wages over the applicable notice period) under Article 7:677(2)-(4) BW, the transition payment, and, where the employer acted seriously culpably, fair compensation (billijke vergoeding) under Article 7:681 of the Dutch Civil Code. An employer who fears that the summary dismissal may not withstand judicial scrutiny may, as a second line of defence, simultaneously request dissolution of the contract by the subdistrict court under Article 7:671b of the Dutch Civil Code, so that the employment ends in any event and retrospective wage liability is limited.
Under Article 7:681 of the Dutch Civil Code, the employee must request annulment of the summary dismissal before the subdistrict court within two months of the date of dismissal; this two-month period is a vervaltermijn (expiry period) and cannot be extended under any circumstances. As an alternative to annulment, the employee can accept the dismissal and claim damages - the gefixeerde schadevergoeding (wages over the applicable notice period) under Article 7:677(2)-(4) BW, the transition payment, and, where the employer acted seriously culpably, fair compensation (billijke vergoeding) under Article 7:681 of the Dutch Civil Code. An employer who fears that the summary dismissal may not withstand judicial scrutiny may, as a second line of defence, simultaneously request dissolution of the contract by the subdistrict court under Article 7:671b of the Dutch Civil Code, so that the employment ends in any event and retrospective wage liability is limited.