په هالنډ کې لنډمهاله ګوښه کول: ستاسو حقونه او راتلونکي ګامونه

Being fired on the spot (ontslag op staande voet) means your employer ends your employment contract with immediate effect: no notice period, no permit from the UWV or the sub-district court (kantonrechter), and no pay from that moment on. It is only valid if there is an urgent reason within the meaning of articles 7:677 and 7:678 of the Dutch Civil Code, the employer acts without delay, and the reason is stated to you immediately and precisely.

If any of those three elements is missing, the dismissal is unlawful. You can then ask the sub-district court to annul it or to award compensation, but only if you file within two months of the dismissal date. That two-month period is a time bar (vervaltermijn), not a limitation period: it cannot be interrupted and it keeps running while you negotiate.

د لنډمهاله ګوښه کول د نورو فسخ کولو لارو څخه څنګه توپیر لري؟

دا یوازینۍ لاره ده چې نه ستاسو موافقې ته اړتیا لري او نه هم د UWV یا محکمې لخوا مخکینۍ چک ته. هالنډي د ګوښه کولو قانون is a closed system, and an employer that wants to end a permanent contract has only a limited number of routes.

Under the ordinary routes the employer needs permission first: the UWV for redundancy or long-term incapacity, the sub-district court for reasons relating to you as a person (article 7:669 of the Civil Code). Both routes take time, require the notice period and trigger the statutory transition payment (transitievergoeding). A termination with your consent or a settlement agreement (vaststellingsovereenkomst) is quicker, but in a settlement agreement any severance is a matter of negotiation, and both consensual routes carry a 14-day right to change your mind.

Summary dismissal sits outside all of this. It takes effect the moment it is given, the wage stops the same day, no permit is needed and no notice period is observed. That is exactly why the conditions are strict and why the burden of proving them rests entirely on the employer. If you are له دندې ګوښه کول په سمدستي توګه، تاسو د قانونيت د ازموینې پرمهال د عاید له لاسه ورکولو خطر لرئ. له همدې امله سرعت دلته د نورو ګوښه کولو حالتونو په پرتله ډیر مهم دی.

محکمه کوم درې اړتیاوې ازمويي؟

محکمه ګوري چې ایا کوم عاجل دلیل شتون درلود، ایا کار ورکوونکي پرته له ځنډه عمل وکړ، او ایا دلیل سمدلاسه تاسو ته وویل شو. درې واړه باید په ورته وخت کې پوره شي. کار ورکوونکي باید هر یو یې ثابت کړي، او په یوه کې نیمګړتیا د ګوښه کولو لپاره کافي ده، حتی که چیرې چلند پخپله واقع شوی وي.

ایا کوم عاجل دلیل وو؟

Article 7:678 of the Civil Code defines an urgent reason as acts, characteristics or conduct of the employee that mean the employer cannot reasonably be expected to let the employment continue. The article lists examples, including theft, embezzlement, serious insult or assault, gross neglect of duties, and persistent refusal to follow reasonable instructions. The list is not exhaustive, and conduct that appears on it does not make a dismissal automatically valid.

What decides the case is the weighing of all circumstances. The court looks at the nature and seriousness of the conduct, the nature and length of the employment, how you have performed over the years, and your personal circumstances, including your age and the consequences of the dismissal for you. A first incident after fifteen years of clean service is not judged in the same way as the same incident in the third month.

The court also asks whether a milder measure would have been enough: a formal warning, a suspension, or a request to the sub-district court to dissolve the contract. Employers who never considered that question tend to lose on it.

Company rules matter in a specific way. The threshold is easier to meet where an employer has a clear policy stating that certain conduct leads to immediate dismissal, applies that policy consistently, and can show you were aware of it. Where the rule exists on paper but similar conduct by colleagues went unpunished, the employer has a problem.

ایا کار ورکوونکي پرته له ځنډه عمل وکړ؟

The dismissal must follow the discovery of the urgent reason without delay, but that does not mean within the hour. An employer may take a short period to establish the facts, hear your side and take internal or legal advice. Where the investigation is genuinely necessary and carried out quickly, the courts accept it.

What is not accepted is drift: a week of silence after the facts are known, a decision postponed until after a holiday, or a suspension that runs on without anything happening. The reasoning is simple. If the employer could put up with the situation for weeks, it was evidently not so urgent that the contract could not continue for one more day.

The requirement applies twice: to the discovery of the facts and to the giving of the dismissal itself. Both moments have to be documented. This is why a timeline is the most valuable document you can produce.

آیا دلیل سمدلاسه او په دقیق ډول بیان شو؟

دلیل باید تاسو ته د ګوښه کولو په وخت کې درکړل شي، په څرګنده توګه دومره چې تاسو سمدلاسه پوه شئ چې تاسو په څه تورن یاست او پریکړه کولی شئ چې ایا دا ومنئ یا یې مخالفت وکړئ. په عمل کې دا په یوه کې تایید شوی د ګوښه کولو لیک sent the same day.

The reason given then fixes the case. The employer cannot add new grounds later, and it cannot rely on wording that reserves the right to add reasons. Vague wording, such as a general reference to a breach of trust without the underlying facts, can on its own be enough for the dismissal to fail.

Ask for the written reason on the day it happens, and keep whatever you are given. If the employer refuses to put it in writing, record in your own written protest what you were told and when.

کوم دلیلونه په محکمه کې ثابت پاتې کیږي، او کوم یې معمولا نه ثابتیږي؟

Reasons that are serious, provable and recent tend to hold. Reasons that are a collection of small issues, disputed or old tend to fail. There is no fixed list of conduct that always justifies immediate dismissal; it always depends on the circumstances.

Dismissals are most often upheld where:

• کارمند پیسې یا توکي چې د کار ورکوونکي، همکار یا پیرودونکي پورې اړه لري، که څه هم مقدار یې لږ وي، اخیستي، ځکه چې د ارزښت پر ځای د باور ماتول اصلي خبره ده؛
• په کار کې تاوتریخوالی یا د تاوتریخوالي یو باوري ګواښ شتون درلود؛
• د خوندیتوب مقررات په قصدي ډول له پامه غورځول شوي وو چې نور یې له خطر سره مخ کړي؛
• محرم معلومات یا سوداګریز رازونه لیږدول شوي، کوم چې ډیری وختونه د د قرارداد محرمیت ماده خپله سزا ورکول؛
• کارمند په دوامداره توګه د خبرداري وروسته د معقول لارښوونو پلي کولو څخه انکار وکړ؛
• کارمند د ریکارډونو، ساعتونو یا لګښتونو ادعاوو جعلي کړي.

ګوښه کول معمولا هغه وخت ناکام کیږي کله چې شکایت په حقیقت کې د فعالیت په اړه وي. کمزوری فعالیت د ښه والي مستند پروسې ته اړتیا لري او که دا کار ونکړي، نو د فرعي ولسوالۍ محکمې ته غوښتنلیک. دا یو عاجل دلیل نه دی، او د دې لپاره د فوري ګوښه کولو کارول د غوره کولو ترټولو روښانه مثال دی. د ختمولو غلطه لاره.

They also fail where the employer puts together a collection of minor breaches that never led to a warning, where the facts are genuinely disputed and the employer never heard your version, where the alleged incident is weeks or months old, and where the real ground is economic or a long absence through illness. Those last two belong to the UWV.

A single incident of unacceptable conduct that is out of character, in a long and otherwise clean record, sits in a grey zone. It may justify a warning, a suspension or even dissolution by the court, and still not justify ending the contract on the spot without pay. The line between conduct that is unacceptable and conduct so unacceptable that the contract cannot last another day is where most of these cases are decided.

په لومړیو ساعتونو کې باید څه وکړئ؟

Do not sign anything, ask for the reason in writing and protest in writing the same day or the next. The first hours decide how strong your position is later, and almost everything that helps you costs nothing.

Do not sign anything on the spot. Employers sometimes present a termination by mutual consent, a receipt for company property or a statement of the facts at the moment of dismissal. Signing can turn a contestable summary dismissal into an agreed termination and can damage your benefit position. Say that you want to read it first, and ask for a copy of anything you are shown.

Ask for the reason in writing, with the date and time of the dismissal, and send your written protest. It does not have to be long. State that you dispute the dismissal, that you invoke its invalidity, that you remain available to work, and that you claim continued payment of wages. Send it by email and keep the sent copy. That letter is not a formality: it fixes your position, it shows you did not accept the dismissal, and it is the first document a court will read.

Write down the timeline while it is fresh: when the alleged incident happened, when the employer must have learned of it, who was present, when you were called in, what was said and by whom, and when the dismissal was given. Secure the evidence you legitimately have: save emails, messages, rosters, appraisals and payslips that are already yours, and note the names of witnesses. Do not take confidential company data unrelated to your case, as that can give the employer a second urgent reason.

Then deal with your income. Wages stop immediately, and unemployment benefit is normally refused after a summary dismissal. Apply to the UWV anyway and take قانوني مشوره ژر تر ژره. محکمې ته د تګ لپاره دوه میاشتې موده د ګوښه کیدو نیټې څخه پیل کیږي، او دا پدې برخه کې یوازینۍ وروستۍ نیټه ده چې ترمیم نشي کیدی.

د دوو میاشتو ضرب الاجل څه دی، او تاسو له محکمې څخه څه غوښتنه کولی شئ؟

You have two months from the day of the summary dismissal to file an application with the sub-district court. You can ask for annulment of the dismissal or, alternatively, for compensation.

The two-month period is a time bar. It does not stop while you negotiate, it is not extended because the employer promised to reconsider, and once it has expired the dismissal stands, however defective it was. File first and negotiate afterwards. Filing does not prevent a settlement, and a pending case often makes a reasonable settlement more likely.

The application goes to the sub-district court for the place where you usually work or where the employer is based. It sets out the facts, the timeline and the evidence, and asks the court to test the dismissal against the statutory requirements. You then have a real choice between two outcomes.

لغوه کول: قرارداد دوام لري

که محکمه د ګوښه کولو امر لغوه کړي، قرارداد هیڅکله پای ته نه رسیږي. کار دوام لري، او کار ورکوونکی د ګوښه کولو نیټې څخه وروسته معاشونه پوروړی دی، د ناوخته تادیې لپاره قانوني زیاتوالی سره چیرې چې مناسب وي. لغوه کول سمه غوښتنه ده که تاسو خپله دنده بیرته غواړئ، یا که تاسو غواړئ چې د معاش ادعا دوام ومومي پداسې حال کې چې اړخونه د حل په لټه کې دي.

تاوان: قرارداد پای ته رسیدلی

Where returning is not realistic, you can accept that the contract has ended and ask the court for fair compensation (billijke vergoeding). You can combine this with compensation for the notice period the employer did not observe, based on the wage you would have earned during that period. In the same application you can claim the transition payment and the outstanding items of the final settlement.

Whichever you choose, ask in the alternative: annulment and, if that is refused, compensation. That keeps both routes open at no extra cost. If the court upholds the dismissal, the contract ended on the day it was given and the employer may even claim fixed compensation from you for the notice period under article 7:677(2) of the Civil Code, so test the case carefully before the hearing.

تاسو اوس هم په معاشونو، وروستۍ تصفیې او لیږد تادیې کې څه ادعا کولی شئ؟

Everything you had already earned up to the moment of dismissal remains due, whatever happens to the dismissal itself. Whether the transition payment is due depends on whether your conduct was seriously culpable, which is a separate test.

A correct final settlement covers the gross salary up to the date and time of termination, payment of accrued but untaken statutory and contractual holidays, the accrued holiday allowance, including the allowance over the paid-out leave, and any bonus, commission, allowance or expense reimbursement you had already earned. Ask for it in writing and itemised, and check the leave balance against your own records. Mistakes in these calculations happen, and they are easier to correct before the relationship breaks down completely.

The transition payment is more nuanced than employers tend to present it. As a rule it is due whenever the employer terminates the contract or does not renew it, and it builds up from the first day of employment, so even a short contract creates an entitlement. The exception is that no transition payment is due where the ending of the contract results from seriously culpable conduct by the employee.

An urgent reason and seriously culpable conduct are not the same test, although in practice they often overlap. The court can still award the payment in whole or in part where withholding it would be unreasonable. A dismissal that is upheld therefore does not automatically cancel the entitlement, and it is worth claiming in the alternative.

The maximum amount of the transition payment is adjusted every year and published by the government, so check the figure for the year in which your contract ends rather than relying on an older article. One further point catches people out: if your employer is declared bankrupt, there is no claim to a transition payment, and the UWV wage guarantee scheme does not cover it.

آیا تاسو د لنډمهاله ګوښه کولو وروسته د بیکارۍ ګټه ترلاسه کوئ؟

Normally not, if the dismissal is valid. Under the Unemployment Insurance Act (WW), benefit is refused where you are culpably unemployed, and conduct that justifies immediate dismissal is the classic example. The UWV assesses this itself, on the file, and does not simply follow the employer’s letter.

Two things follow. First, apply anyway, and apply promptly. The UWV decides on eligibility, and an application that is never made cannot be reconsidered later. Explain in the application that you dispute the dismissal, that you have protested in writing and that proceedings are pending or being prepared.

Second, keep the legal route open, because your benefit position follows your legal position. If the court annuls the dismissal, the ground for refusal disappears. If the parties settle and record the ending of the contract on a neutral basis, without an urgent reason and with the notice period observed, benefit normally becomes available. The wording of a settlement agreement is therefore not a detail: it decides whether you have an income after your last working day.

While you receive benefit, you must stay available for work, apply for jobs and report any income to the UWV. If you want to look for work in another EU or EEA country, you can in some cases take the benefit with you with a PD U2 document; the UWV must give permission in advance, and you must register with the employment service there within seven days.

که تاسو دمخه یو څه لاسلیک کړی وي نو څه به وي؟

تاسو معمولا کولی شئ خپل لاسلیک د څوارلسو ورځو دننه بیرته واخلئ، پرته له دې چې دلیل ورکړئ. کارګمارونکي ځینې وختونه د لاسلیک کولو لپاره د سند سره سمدلاسه ګوښه کول تعقیبوي، یا د رضایت سره فسخ کول یا د جوړجاړي تړون. لاسلیک کول د پای قانوني ځانګړتیا بدلوي، او د دې سره دمهلت دوره, the transition payment and your benefit position.

After signing a settlement agreement you may withdraw your consent in writing within fourteen days. If the agreement does not mention that right, the period is twenty-one days. The same applies to a written consent to the employer’s notice. Send the withdrawal in writing, keep proof that you sent it, and do it well before the deadline rather than on the last day. The right can only be used once within six months, so use it deliberately.

د هر څه لاسلیک کولو دمخه، وګورئ:

• وروستۍ کاري ورځ او ایا د خبرتیا موده مشاهده شوې ده؛
• د جلا کېدو اندازه او اساس؛
• د راټولې شوې رخصتۍ او رخصتۍ د معاش درملنه؛
• د پای د دلیل په اړه عبارتونه؛
• د قرارداد وروسته هر ډول محدودیتونه، لکه د سیالۍ نه کولو او محرمیت مادې؛
• ایا په تړون کې د ټولو ادعاوو بشپړ او وروستۍ حل شامل دی.

که تاسو دمخه لاسلیک کړی وي او لاهم د بیاکتنې په موده کې یاست، نو سمدلاسه مشوره واخلئ. ستاسو د رضایت بیرته اخیستل د اصلي لنډیز ردولو بیرته میز ته اچوي، کوم چې ځینې وختونه په سمه توګه هغه څه وي چې تاسو یې غواړئ او ځینې وختونه نه.

د آزموینې مودې، ټاکل شوې مودې قراردادونو او ادارې کار لپاره کوم بدلونونه راځي؟

د درې برخو ازموینه په هر کار قرارداد کې پلي کیږي، مګر د هغې شاوخوا قوانین توپیر لري.

آیا تاسو د آزموینې په جریان کې په ځای له دندې ګوښه کیدی شئ؟

During a valid probationary period (proeftijd), either party may end the contract with immediate effect and without a reason, so summary dismissal is rarely needed. A probationary period is only valid if it is agreed in writing, is the same length for both parties, and stays within the statutory maximum. There is no probationary period at all in a fixed-term contract of six months or less, at most one month in a fixed-term contract of more than six months but less than two years, and at most two months in a contract of two years or more or for an indefinite period. A probationary period that exceeds the maximum is void in its entirety, so a dismissal based on it fails as well.

The power is not unlimited. Ending the contract for a discriminatory reason, or in a way that abuses the power, remains unlawful, and if you ask for the reason in writing the employer must give it. If you are د آزموینې په جریان کې له دندې ګوښه شوی، دقیق نیټه ولیکئ، د مادې د اوږدوالي او اعتبار لپاره قرارداد وګورئ، او په لیکلي ډول یې دلیل وغواړئ.

د یوې ثابتې مودې قرارداد په اړه څه؟

A د ثابتې مودې قرارداد ends automatically on the agreed end date. Where the contract was entered into for six months or more, the employer must tell you in writing at least one month before the end date whether it will be renewed and on what terms. If it fails to do so, you can claim compensation of up to one month’s salary, calculated pro rata if the notice was late.

Ending a fixed-term contract early is only possible if the contract contains an interim termination clause in writing that applies to both parties. Where it does, the ordinary routes apply, so the employer still needs a UWV permit or a court dissolution. Without such a clause, an employer that wants out before the end date has to ask the court to dissolve the contract and may face a claim for the remaining salary.

Summary dismissal is possible in a fixed-term contract on exactly the same conditions as in a permanent one. If it fails, the employer may owe the wages for the rest of the term. How this interacts with a ورپسې حالت په قرارداد کې یوه جلا پوښتنه ده او پدې پورې اړه لري چې ایا شرط په عیني ډول رامینځته کیدی شي.

د ادارې کار په اړه څه؟

In agency work your contract is with the agency, not with the hirer, and the hirer sending you away is not a dismissal. Whether your contract ends with the assignment depends on the agency clause (uitzendbeding). During the first twenty-six weeks of work, a period that a collective agreement can extend, the contract may say that it ends when the hirer ends the assignment. Once that clause no longer applies, or if it was never agreed, the contract continues and can only be ended through the ordinary routes. Collective agreements in the sector add further protection, including a notice period for the worker once the placement has lasted a certain time, and rules on pay during sickness.

Under the Act on admission of providers of labour (Wet toelating terbeschikkingstelling arbeidskrachten), agencies need admission to supply workers; check whether yours is admitted. If your contract ends while you are ill, you may be entitled to د Ziektewet لاندې د ناروغۍ ګټه د UWV له لارې.

آیا ناروغي یا امیندوارۍ تاسو د لنډمهاله ګوښه کولو څخه ساتي؟

Not in itself. The statutory prohibitions on notice (opzegverboden) do not apply to a summary dismissal for an urgent reason, but illness or pregnancy does weigh in the court’s assessment.

Dutch law protects employees against notice in a number of defined situations. The most important are the first two years of incapacity for work, pregnancy and maternity leave and a short period after returning from it, membership of the works council, and trade union activity. There are further prohibitions connected to discrimination and to the transfer of an undertaking.

This point is often misunderstood. Article 7:670a of the Civil Code provides that these prohibitions do not apply where the termination is a summary dismissal for an urgent reason. Being ill or pregnant therefore does not, by itself, make an instant dismissal invalid. It does change the weighing. The court will look critically at whether the conduct was connected to the illness, whether the employer used the urgent reason to get around a prohibition it could not otherwise overcome, and what the dismissal means for someone in that position. An employer that dismisses an ناروغه کارمند on a thin urgent reason, shortly after a dispute about reintegration, will find the court reading the file with that in mind.

Where illness itself is the real ground, the position is clear. It cannot be used to terminate during the first two years, and after two years of incapacity dismissal is only possible with a UWV permit. Redundancy for business economic reasons goes the same way. Neither is an urgent reason, and neither can be dealt with by dismissal on the spot.

Reporting wrongdoing or unsafe working conditions is protected as well. Raising a health and safety concern, refusing work that is genuinely unsafe, or reporting to the Netherlands Labour Authority cannot lawfully be the reason for ending your contract. The Whistleblowers Protection Act (Wet bescherming klokkenluiders) prohibits any detriment as a result of a report, with the burden of proof reversed in the employee’s favour.

ایا تاسو باید د دعوی کولو پر ځای د وتلو په اړه خبرې اترې وکړئ؟

Often it makes sense to do both: file within the deadline and negotiate while the case is pending. Litigation restores income and sometimes the job, but it takes months and the outcome is never certain.

A negotiated ending is worth considering where you want certainty quickly or the employer’s case has visible weaknesses. Keep your leverage: protest in writing, file within the two-month period and negotiate while the case is pending. An application can be withdrawn once a settlement is signed.

In the negotiation the wording matters as much as the amount. Agree that the summary dismissal is withdrawn and that the contract ends by mutual consent on a neutral ground, with the notice period observed, so that the UWV does not refuse benefit. Then settle the severance, accrued leave and holiday allowance, any earned bonus, a non-competition clause, the return of company property and a neutral reference. The 14-day reconsideration right applies to the agreement you sign.

که تاسو یو نړیوال کارمند یاست نو څه به وي؟

Check your residence permit, your health insurance and your housing straight away. Losing your job overnight has consequences beyond your wage if any of these is linked to the employment.

Check your residence permit first. Where the permit was granted for work with a specific employer, as with a highly skilled migrant permit, the employer must notify the IND (Immigration and Naturalisation Service) that the employment has ended, and a search period applies during which you may look for a new employer to act as sponsor. Where the permit depends on the work continuing, losing the job can put your right of residence at risk, so take advice before the situation drifts.

Health insurance under an employer’s collective policy usually ends with the employment, but the legal duty to be insured under the Health Insurance Act does not, so arrange cover immediately. If your accommodation was arranged through your employer or an agency, check the notice period in the housing agreement; since 1 July 2023 the Good Landlordship Act (Wet goed verhuurderschap) requires the rental agreement for labour migrants to be separate from the employment contract.

د یو کارمند په توګه تاسو باید څه وګورئ؟

The employer carries the burden of proof, so your task is to make the timeline verifiable. Check these points in the first days:

• Note the date and time of the incident, of the moment the employer learned of it, and of the dismissal, with something dated for each step.
• Check whether the reason in the dismissal letter is specific, or only a general reference to a breach of trust.
• Collect the contract, the collective agreement, company rules, appraisals, warnings and payslips you already have, but no unrelated confidential data.
• Check whether the company rule relied on was ever communicated to you, and whether colleagues were treated the same way.
• Diarise the two-month deadline for the application to the sub-district court.

د کار ورکوونکي په توګه تاسو باید څه وګورئ؟

Most successful challenges turn on how the employer handled the matter, not on whether the conduct happened. Check these points before you dismiss:

• Establish the facts quickly and hear the employee, but do not let days pass without action after the facts are known.
• State every reason specifically in the dismissal itself and confirm it in writing the same day; you cannot add grounds later.
• Weigh length of service, the previous record and the personal consequences, and consider a warning, suspension or dissolution request instead.
• Check that the company rule you rely on was communicated and enforced consistently.
• Check that the ground is not really underperformance, redundancy or illness, which belong to the court or the UWV.

What can we do for you after a summary dismissal?

زموږ ګوښه شوي وکیلان act for employees and employers in summary dismissal cases across the Netherlands:

• We test the urgent reason, the speed of the employer’s action and the statement of reasons against articles 7:677 and 7:678 of the Civil Code.
• We draft your written protest and the claim for continued payment of wages.
• We file the application with the sub-district court within the two-month deadline.
• We check the final settlement, the transition payment and your UWV application.
• We negotiate a settlement agreement with a neutral ground that protects your benefit position.
• For employers: we review the file and the dismissal letter before the dismissal is given.

لنډیز

• A summary dismissal is only valid if there is an urgent reason (articles 7:677 and 7:678 of the Civil Code), the employer acted without delay, and the reason was stated to you immediately and precisely. The employer must prove all three.
• په ځای کې هیڅ شی لاسلیک مه کوئ، دلیل یې په لیکلي ډول وغواړئ، او په هماغه ورځ یا بله ورځ لیکلي اعتراض واستوئ.
• تاسو د ګوښه کېدو نیټې څخه دوه میاشتې وخت لرئ چې د فرعي ولسوالۍ محکمې ته لاړ شئ. دا ځل بار د خبرو اترو پرمهال نه دریږي.
• د لغوه کولو غوښتنه وکړئ او په بدیل سره، د عادلانه جبران، د خبرتیا دورې جبران او د لیږد تادیې لپاره.
• په هرصورت، د بیکارۍ د ګټې لپاره غوښتنه وکړئ؛ یو بې طرفه جوړجاړی یا لغوه کول کولی شي ستاسو د ګټې موقف بیرته راولي.

ډېرپېښې پوښتنې