- What is ontslag op staande voet?
- When can the employer do this?
- First aid: what you should do immediately
- Do you have to sign? And what if you already signed?
- Being placed on non-active status: what now?
- Ontslag op staande voet during pregnancy
- Rights of temporary agency workers
- Are you entitled to WW?
- Settlement agreement (VSO): what to watch for
- Checklist (printable)
- Common mistakes
- Practical example
- Need help right away?
What is ontslag op staande voet?
With ontslag op staande voet your employment contract ends immediately. You no longer have to work and the employer stops paying salary. It is a severe measure and may only be applied if there is an urgent reason (for example theft, fraud or serious misconduct) and that reason is communicated to you immediately.
What are urgent reasons?
The law lists several examples of urgent reasons that can justify ontslag op staande voet. Think of:
- Deception;
- Being found grossly unfit for the agreed work;
- Drunkenness or drug use at work. (Note: addiction can sometimes be seen as an illness, so an urgent reason is not always accepted);
- Theft, embezzlement, fraud or other criminal offenses;
- Assault, gross insult or serious threat to the employer, their family, housemates or colleagues;
- Attempts to induce the employer or others to perform acts that are contrary to the law or public morals;
- Deliberately or recklessly damaging property, despite a warning;
- Endangering oneself or others by deliberate or reckless behaviour, despite a warning;
- Breaching the duty of confidentiality by disclosing confidential information.
It always concerns situations in which it cannot reasonably be expected of the employer to continue the employment relationship.
What are the consequences for the employee when dismissed for an urgent reason?
Are you dismissed immediately because of an urgent reason? That has significant consequences for you as an employee. You are effectively put out on the street immediately without influence, and that is often impactful. What exactly are the consequences if you — for example due to theft, fraud, or serious misconduct — are dismissed?
Main consequences at a glance:
- Immediate end of employment: You do not have to return—the contract ends immediately.
- No notice period: Your employer does not have to observe a notice period, so there is no last working day or phase-out period.
- No entitlement to WW benefit: In most cases the entitlement to unemployment benefits lapses, because UWV looks strictly at cases of culpable behaviour.
- No transition payment: Usually you do not receive a transitievergoeding, unless the misstep was not serious enough. Think, for example, of an employee who after many years of service made a relatively small mistake—then there can sometimes still be entitlement to (part of) the payment.
- Written consent not required: Your employer does not have to ask for your written agreement first; the measure is simply imposed.
Note: only if it truly concerns “seriously culpable conduct” do you lose all rights. If it is a minor misstep and you can explain it well, there are situations in which UWV or the court may still make an exception. Is this relevant to you? Contact us quickly for advice on your options.
When can the employer do this?
- There must be an urgent reason that can be proven;
- The dismissal must be given without delay (immediately) after the incident;
- The reason must be communicated to you immediately (preferably in writing).
Can other situations also count as an urgent reason?
Yes, they can. The law gives a number of examples of what an urgent reason can be, such as theft or fraud. But note: this list is not exhaustive. Other serious situations that are not explicitly mentioned in the law can also be considered by a judge as an urgent reason for ontslag op staande voet. Has your employer given a different reason? Depending on the seriousness, it may still qualify as “urgent”. It always depends on the circumstances of the case.
Are you unsure whether the reason is truly “urgent” or properly substantiated? Have it legally reviewed. It is often difficult to assess yourself whether the situation actually qualifies as an urgent reason. A mistake with ontslag op staande voet can have major financial and legal consequences. Therefore, in case of doubt always contact an employment law specialist before taking further steps. This prevents unnecessary risks and strengthens your legal position.
Sometimes a vaststellingsovereenkomst (VSO) is still better for your WW rights.
First aid: what you should do immediately
- Protest immediately (in writing) that you do not agree with the dismissal;
- Do not sign anything without legal advice;
- Preserve evidence: emails, messages, camera footage, witnesses;
- Deadline: you have 2 months to ask the court to annul the dismissal or to claim compensation;
- Contact us immediately via our contact page for an assessment of your position.
Do you have to sign? And what if you already signed?
Are you presented with something to sign (statement, agreement or VSO)? Do not sign lightly. You may inadvertently renounce rights, risking your WW. Always ask for a copy, take time and have it reviewed.
Already signed? Acting can still be worthwhile. Sometimes you can invoke mistake (dwaling) within a short time or state that you were insufficiently informed. Contact us immediately; time is crucial.
Being placed on non-active status: what now?
Placed on non-active status? That is not a dismissal, but you are at home. Do this:
- Request written confirmation with reason and duration;
- Check whether your salary continues to be paid;
- Seek advice from an employment law lawyer; keep all communication;
- If necessary, file an objection to the non-active placement.
Ontslag op staande voet during pregnancy
Pregnancy does not provide absolute immunity for seriously culpable conduct. But: if the dismissal is (partly) related to your pregnancy, that can be discrimination and thus invalid. Unsure? Let us review this immediately.
Related topic: dismissal during sickness (protections and exceptions).
Rights of temporary agency workers
For agency work there are phases and different rules. In early phases the assignment can stop, but that is not automatically ontslag op staande voet. Check your phase, contract and applicable collective labour agreement. Consult us if in doubt; we assess your rights and your chances of WW.
When are you entitled to WW?
After ontslag op staande voet UWV often refuses WW due to “culpable unemployment”. Yet there are exceptions:
- The court declares the dismissal invalid or not urgent enough;
- You reach a neutral VSO with correct wording (important for WW);
- The reason cannot be proven or is based on a misunderstanding.
Consider a VSO when facing dismissal. Pay attention to your right to transitievergoeding if the dismissal does not hold up.
Chance of a transitievergoeding with ontslag op staande voet
It may sound strange, but even after an ontslag op staande voet you can in some cases still be entitled to a transitievergoeding. This right only lapses when there is seriously culpable conduct by the employee. Often ontslag op staande voet involves culpable behaviour, but not always seriously culpable conduct. Think, for example, of a relatively small misstep in an otherwise impeccable and long-term employment relationship. In such a case the dismissal may be “urgent” without you losing your right to a transitievergoeding.
Always check the circumstances and get advice about your position.
Vaststellingsovereenkomst (VSO): what to watch for
A VSO is a written agreement to part ways “by mutual consent”. Watch for:
- Neutral reason (no culpable wording regarding WW);
- End date with or without release from work;
- Transitievergoeding and other payments;
- Reference letter & restraint clause;
- Final release (no surprises afterwards).
Read our comprehensive guide: vaststellingsovereenkomst bij ontslag.
Checklist (printable)
- 📄 Ask immediately for a written reason;
- ✍️ Do not sign anything without advice;
- ⏳ Note the 2‑month deadline for the court;
- 💶 Check entitlement to transitievergoeding (if the dismissal does not hold);
- 📧 Protest immediately and keep all communication;
- 📞 Ask for help via the contact page.
Common mistakes
- Thinking that ontslag op staande voet is always lawful;
- Not going to court within 2 months;
- Blindly signing statements or a VSO;
- Applying for WW without legal check;
- Not collecting evidence or protesting too late.
Practical example
An employee was dismissed immediately after a cash discrepancy. The employer could not demonstrate that the employee personally acted culpably. We protested immediately, sought annulment in court and negotiated a VSO in parallel. Result: back pay, neutral termination with compensation and retention of WW.
Need help right away?
Are you doubtful about the reason or are you being asked to “sign something now”? Contact Arslan Advocaten directly. We assess your case the same day and map out the best route (annulment, compensation or VSO) – in plain language and with attention to your income and WW.
Related topics: transitievergoeding · dismissal during sickness · VSO bij ontslag
Also read
- Dismissal by mutual consent (VSO): your complete guide
- Ontslag op staande voet as an employee – your rights, chances and action plan
- Transition payment on dismissal – everything you need to know
Frequently asked questions
What are the main reasons for ontslag op staande voet?
The law includes, among others, theft, fraud, assault, gross insult and the breach of confidential information as urgent reasons for ontslag op staande voet. It must concern situations where continuation of the employment relationship is unreasonable.
What should I do immediately if I receive ontslag op staande voet?
You must act immediately by, for example, contacting a lawyer and discussing your rights. It is also wise to confirm the dismissal in writing and collect any witnesses.
Am I entitled to a WW benefit after ontslag op staande voet?
Usually the right to WW benefit lapses because the dismissal is seen as culpable, but in some cases, such as unfounded or non-serious reasons, the outcome can be different.
May I sign under pressure during the dismissal process?
No, you should not sign under pressure. You have the right to sign nothing until you fully understand the consequences and have possibly obtained advice from a lawyer.
Need help? Our employment law lawyer is ready for you. Contact us without obligation for a free first consultation.
Your rights regarding ontslag op staande voet regels
More information about dismissal can be found on the government website.
