A summary dismissal is the most drastic way an employer can terminate an employment relationship. The dismissal is with immediate effect and without a notice period. For employees, this can have major consequences: loss of income, no transition payment, and often no entitlement to unemployment benefits.
In this article, we explain when summary dismissal is permitted, how you can challenge it, and what your rights are.
What is summary dismissal?
Summary dismissal means that the employment contract immediately is terminated, without a notice period or compensation.
Conditions:
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There must be an urgent reason present.
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The dismissal must without delay (immediately) be given.
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The reason must immediately and clearly be communicated to the employee.
When can you, as an employee, resign with immediate effect?
There are situations in which you as an employee may also resign immediately. This is only possible if there is a compelling reason – for example if you are confronted with dangerous working conditions, serious insult or if your salary is consistently not paid (on time).Important to know:
- The reason must be so serious that you cannot reasonably be expected to continue working any longer.
- You must give notice of this resignation without delay, that is, immediately, to your employer and also make it clear why you are leaving.
- Always state the compelling reason in writing; then you have proof on your side.
Note: if you resign without a sufficiently urgent reason, you may suffer financial loss. For example, because you lose your right to unemployment benefits or because your employer can file a claim for damages against you for failing to comply with the notice period.Are you unsure whether your reason is serious enough? Get proper advice in advance so that you don’t take unnecessary risks.
What are urgent reasons for dismissal?
The law lists several urgent reasons, for example:
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Theft or fraud.
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Violence, threats, or serious insult.
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Serious refusal to work.
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Unauthorized absence or repeatedly being late.
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Causing damage to the company through intent or gross negligence.
👉 Whether something is an urgent reason always depends on the circumstances.
What happens if you resign with immediate effect yourself?
If, as an employee, you resign with immediate effect yourself, there are important consequences. This might be because you’re completely fed up, but be aware of a number of risks:
- If your resignation doesn’t have a valid, urgent reason, your employer can hold you liable for damages. Think of the salary you would normally still have earned if you had complied with the notice period.
- There’s a good chance you won’t be entitled to unemployment benefits (WW), because you chose to stop immediately without a valid reason.
In short: Unless there really is an urgent reason, it’s wiser to serve out your notice period properly. That way you avoid unexpected costs and unpleasant surprises.
Consequences of summary dismissal
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No right to a notice period.
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No right to Severance pay.
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Often not entitled to unemployment benefit (because the dismissal is “culpable”).
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Major impact on your reputation and future career.
What are the risks of resigning on the spot yourself?
Resigning on the spot yourself sometimes seems the quickest way, but it carries significant risks:
- Damages to the employer: If it later turns out there was no urgent reason, your employer can hold you liable for the damage. This amount can add up to the wages you would normally have earned during the notice period.
- No unemployment benefit: If you resign without a good (urgent) reason, you will almost certainly not be entitled to unemployment benefits. This means no safety net after you leave.
- Financial uncertainty: Because you stop immediately without a notice period or a guarantee of income, you may end up without a salary right away.
- Difficult reference: A sudden departure without a valid reason can also harm your position in the labor market.
Are you unsure about your situation? In most cases, it is safer to consider a normal resignation, while observing the statutory notice periods. This prevents unexpected financial consequences.
How can you challenge a summary dismissal?
You can within 2 months to the cantonal judge go and request:
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Annulment of the dismissal → you remain employed and receive salary.
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Damages or fair compensation → if you accept the dismissal but consider it unjustified.
Salary and wage payment in the event of summary dismissal
If you are summarily dismissed, your employment contract ends immediately. In principle, your salary payment also stops. This only applies if the dismissal is justified. In that case, you are always entitled to the salary you earned up to the dismissal.However, if you are unjustly summarily dismissed, then your employer must continue to pay your salary. Note: to safeguard your right to salary, it is important that you state in writing that you are willing to perform your work. This prevents your employer from claiming that you refused the work. If your employer still does not pay, you can enforce payment of wages through the court.
Termination by mutual consent after summary dismissal
Even after a summary dismissal, it is sometimes possible to reach a settlement with your employer: a termination by mutual consent. This is also called a “settlement agreement”. Often, this can prevent discussions and uncertainty, for example if both parties would rather not end up in legal proceedings.Note: never sign anything lightly. Proposals often look more attractive than they are—think of your rights to benefits or compensation. Always seek advice first from an employment law specialist or a specialized employment lawyer.
Examples from practice
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Example 1: An employee was summarily dismissed for stealing a bottle of wine. The court found this too severe and awarded transition compensation and additional damages.
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Example 2: An employee persistently refused to carry out assignments. The summary dismissal was declared valid.
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Example 3: An employee was dismissed due to an argument with a colleague. The court ruled that this was not sufficiently urgent. The dismissal was annulled.
Checklist for summary dismissal
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📑 Always ask to receive the reason for dismissal in writing.
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⚖️ Check whether there is a valid urgent reason.
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⏳ Be aware that you have only 2 months to challenge it in court.
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💶 Ask for wages to be continued if the dismissal is annulled.
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📝 Immediately engage an employment lawyer.
Extra tips for summary dismissal:
- State verbally right away that you disagree with the dismissal.
- After receiving (or if you do not receive) your employer’s written confirmation, send a registered letter of protest.
- State in your letter that you are available for work and claim payment of wages.
- Do not wait too long: if you do not go to court within 2 months, the dismissal becomes final and you lose your rights.
- Seek legal help quickly to protect your position.
Common mistakes
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Thinking that summary dismissal can no longer be challenged.
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Failing to object and thus losing rights.
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Accepting the dismissal when there was no urgent reason.
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Not going to court within the 2-month time limit.
Frequently asked questions (FAQ)
1. Can my employer fire me on the spot just like that?
No, only with a valid urgent reason.
2. Can I get unemployment benefits after being fired on the spot?
Usually not, because the dismissal is considered your fault.
3. What if I disagree with the dismissal?
You can go to the subdistrict court within 2 months.
4. Will I still receive a transition payment?
Only if the dismissal later turns out to be unjustified.
5. How quickly must the employer act?
Immediately: as soon as the urgent reason is known, the dismissal must follow immediately.
Why Arslan Advocaten?
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Experienced in challenging summary dismissal
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Often achieve reinstatement of employment or additional compensation
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Prompt and decisive action within the short deadlines
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Protect your rights in court and in negotiations
Conclusion
Summary dismissal has severe consequences and is only allowed in exceptional cases. If you are confronted with this, act immediately: have the validity reviewed and file a timely objection. Often it turns out that the employer has not met all the requirements.
