There may be situation in which, as the employer, you no longer accept the employee's presence on the shop floor. The employee may be insulting you or your family members seriously, throws stuff around, is destructive, has stolen company property or has passed on important trade secrets.
Tips for the employer
- Call in the help of a lawyer who specializes in labour law in advance. Call +31 40 284 11 72;
- First hear the employee to avoid unfortunate misunderstandings;
- Do not wait giving summary notice there and then, but act immediately. Be clear;
- Confirm the summary dismissal in writing, by registered letter with confirmation of receipt. Always include the reasons that led to the summary dismissal;
- Include a clause in the letter of notice that you reserve the right to claim damages that may ensue from the dismissal;
- Report any theft of violence to the police;
- Immediately settle the financial part of the employment. Immediately reimburse unused holidays and pay the holiday allowance. Do not forget to process the salary slip.
Do not take dismissing someone summarily too lightly as an employer. In virtually all cases the employee cannot get out of having to file claims for resumption of work and for continued payment of salary. Judges are very critical about whether summary dismissal was justified or not. In practice it rarely proves to be justified. Always consult a lawyer who specializes in labour law first.
Tips for the employee
- Avoid giving any reason for summary dismissal. Ensure that you can always justify what you do.
- Immediately claim nullity of the summary dismissal. State that you will continue to be available to perform the work agreed upon. Put this statement in writing, and send it by registered letter with confirmation of receipt.
- Stay away from the work area as long as you are not welcome there.
- Ask your colleagues to put in writing what has happened.
- If you have the feeling that you are overstressed, immediately consult a physician. Ask your doctor to prescribe sedatives to you. Also ask your doctor for a medical certificate. If necessary, go to a psychologist immediately.
- Put your own story in writing, for yourself and for your lawyer. Always include a history of the events preceding the summary dismissal.
- Call in the help of a lawyer who specializes in labour law in advance. Call +31 40 284 11 72. Or complete our contact form. We will then contact you as soon as possible.
- On this website read the chapter under the "Continued payment of salary" button. Provide the required information specified in this chapter to your lawyer.