Summary Dismissal Letter for the Netherlands

Summary Dismissal Letter Template for Netherlands

A Summary Dismissal Letter (ontslag op staande voet) is a formal document used in the Netherlands to terminate an employment relationship with immediate effect due to urgent cause, as defined under Dutch Civil Code Article 7:677 and 7:678. This document must clearly state the grounds for immediate termination, provide specific details of the urgent cause, and comply with strict Dutch employment law requirements. The letter serves as a crucial legal document that formally notifies the employee of their immediate dismissal and outlines the consequences, including the handling of final payments and company property.

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What is a Summary Dismissal Letter?

The Summary Dismissal Letter is a critical document used in Dutch employment law when an employer needs to terminate an employment relationship immediately due to serious misconduct or other urgent causes. This document must be issued immediately upon discovery of the urgent cause and requires careful drafting to ensure compliance with Articles 7:677 and 7:678 of the Dutch Civil Code. The letter must clearly state the grounds for dismissal, provide specific details of the incident(s), and outline the immediate consequences. It's important to note that summary dismissal is considered an ultimate remedy under Dutch law, and courts apply strict scrutiny to such cases. The Summary Dismissal Letter should only be used in cases where the employment relationship cannot reasonably be expected to continue even for a short notice period.

What sections should be included in a Summary Dismissal Letter?

1. Header with Date and Addressing: Formal letter heading including current date, employee's full name and address

2. Subject Line: Clear indication that this is a summary dismissal letter (ontslag op staande voet)

3. Notification of Immediate Termination: Direct statement that employment is terminated immediately, citing Article 7:677 of the Dutch Civil Code

4. Description of Urgent Cause: Detailed description of the incident(s) or behavior that constitutes urgent cause, including specific dates and facts

5. Legal Basis: Reference to relevant articles of Dutch Civil Code (particularly Article 7:678) and specific company policies violated

6. Immediate Effects: Clear statement of immediate termination of employment relationship and all associated rights and obligations

7. Return of Company Property: List of company property to be returned and deadline for return

8. Final Settlement: Information about final salary payment and handling of outstanding benefits/vacation days

What sections are optional to include in a Summary Dismissal Letter?

1. Previous Warnings: Include if there were previous relevant warnings or incidents that contributed to the decision

2. Non-Compete Reminder: Include if employee is bound by non-compete or confidentiality agreements that continue after termination

3. Garden Leave: Include if employee is to be placed on garden leave during any notice period

4. Works Council Reference: Include if works council was consulted or needs to be informed of the dismissal

5. Legal Representation Reference: Include if employee has already engaged legal representation or union involvement

What schedules should be included in a Summary Dismissal Letter?

1. Incident Report: Detailed documentation of the incident(s) leading to summary dismissal

2. Previous Warning Letters: Copies of any relevant previous warnings or disciplinary actions

3. Company Property List: Detailed inventory of company property to be returned

4. Final Settlement Calculation: Breakdown of final payment including salary, benefits, and any deductions

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Netherlands

Publisher

Genie AI

Document Type

Termination Letter

Cost

Free to use
Relevant Industries

Banking and Financial Services

Technology

Manufacturing

Retail

Healthcare

Professional Services

Construction

Education

Hospitality

Transportation and Logistics

Energy and Utilities

Telecommunications

Media and Entertainment

Public Sector

Non-Profit Organizations

Relevant Teams

Human Resources

Legal

Senior Management

Operations

Employee Relations

Compliance

Administration

Relevant Roles

HR Director

HR Manager

Legal Counsel

Employment Lawyer

Chief Human Resources Officer

General Manager

Department Head

Operations Director

Managing Director

Chief Executive Officer

HR Business Partner

Employee Relations Manager

HR Operations Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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