The kort geding in Dutch employment law
The kort geding (summary proceedings / interim injunction) is a fast-track court procedure available in the Netherlands where urgent relief is required pending the outcome of main proceedings. In employment law, the kort geding is frequently used by both employers and employees to obtain swift judicial intervention. The procedure is governed by Articles 254-260 of the Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering, Rv) and is heard by the president of the subdistrict court (kantonrechter) in employment cases.
The central requirement for a kort geding is urgency (spoedeisend belang). The applicant must demonstrate that they cannot await the outcome of main proceedings without suffering disproportionate harm. In employment disputes, the threshold for urgency is relatively easy to meet given that employment relationships are ongoing and financial hardship can accumulate rapidly.
Common uses of kort geding in Dutch employment law
Employers use the kort geding to: enforce a non-compete or non-solicitation clause against a departing employee; suspend an employee pending investigation of alleged misconduct; and halt a strike that is causing disproportionate harm. Employees use it to: compel the employer to continue paying wages that have been wrongfully suspended; challenge a summary dismissal and seek reinstatement or continued pay; and obtain access to the workplace or company systems where this has been blocked.
Nature of the kort geding judgment
A kort geding judgment is provisional - it does not definitively resolve the underlying dispute. It remains in force until the main proceedings are concluded, or until a party applies to have it varied. The court applies a provisional assessment of the likely outcome of the main proceedings and weighs the interests of both parties. Given the speed of the procedure - a hearing is typically scheduled within two to three weeks of filing - the kort geding is an important tool for anyone facing an urgent employment situation.
In employment cases the kort geding is heard by the president of the subdistrict court, since the subdistrict court has exclusive jurisdiction over all employment disputes in the Netherlands. A kort geding judgment is provisional and does not definitively determine the underlying claim, but it remains binding until it is varied or superseded by a judgment in main proceedings (bodemprocedure). The court applies a provisional assessment of the likely outcome of the main proceedings and weighs the interests of both parties, typically delivering judgment the same day or within a few days of the hearing.