Interim measures in Dutch dismissal cases
When an employee faces dismissal - particularly a summary dismissal or an unlawful termination - they often need urgent judicial intervention before the main proceedings have concluded. Dutch law provides for this through the kort geding procedure (interim injunction) and, in dissolution proceedings, through the request for voorlopige voorzieningen (interim measures) during the pending dissolution procedure.
In a kort geding in employment cases, the most common orders sought by employees are: (1) continuation of wage payment pending the main proceedings; (2) admission to the workplace where the employer has excluded the employee; (3) suspension of the effect of a summary dismissal; and (4) access to documents or system accounts that the employer has blocked. The court applies a prima facie assessment of the likely outcome and weighs the urgency and the balance of interests.
Voorlopige voorzieningen in Article 223 Rv proceedings
In cases where one party has already initiated main proceedings - for example, where the employer has filed a dissolution request before the kantonrechter - the other party can request interim measures under Article 223 of the Dutch Code of Civil Procedure (Rv). These measures are ancillary to the main proceedings and terminate when the main proceedings are concluded. They are particularly useful where wages are at issue and the employee cannot afford to wait months for a final judgment.
Practical importance under Dutch employment law
Interim measures are a critical tool for employees in dismissal disputes. Without them, the employee who has been dismissed - rightly or wrongly - faces an immediate loss of income that may force them to settle on unfavourable terms. With a kort geding order compelling the employer to continue wage payments, the employee can negotiate from a position of financial security. An employment lawyer should be consulted immediately after dismissal to assess whether interim measures should be sought.
The subdistrict court must start dismissal proceedings no later than four weeks after receiving a request (Article 7:686a(5) of the Dutch Civil Code), and dissolution decisions are normally delivered within two months; an appeal to the Court of Appeal is available and does not automatically suspend the execution of the first-instance decision (Article 7:683(1) of the Dutch Civil Code). A kort geding order for continued wage payment is particularly valuable because an unlawful dismissal entitles the employee to all withheld wages retroactively plus the statutory increase of up to 50% under Article 7:625 of the Dutch Civil Code. In dissolution proceedings, the court can also award interim measures under Article 223 Rv ancillary to the main request, for example ordering the employer to continue paying wages pending the dissolution decision.
The subdistrict court must start dismissal proceedings no later than four weeks after receiving a request (Article 7:686a(5) of the Dutch Civil Code), and dissolution decisions are normally delivered within two months; an appeal to the Court of Appeal is available and does not automatically suspend the execution of the first-instance decision (Article 7:683(1) of the Dutch Civil Code). A kort geding order for continued wage payment is particularly valuable because an unlawful dismissal entitles the employee to all withheld wages retroactively plus the statutory increase of up to 50% under Article 7:625 of the Dutch Civil Code. In dissolution proceedings, the court can also award interim measures under Article 223 Rv ancillary to the main request, for example ordering the employer to continue paying wages pending the dissolution decision.