Summary dismissal is the most severe form of dismissal. Yet this measure is used remarkably often among young people — sometimes too quickly, sometimes even unjustly. Especially with side jobs, part-time work and temporary work, employers think it “is okay”.
That is by no means always the caseIn this blog, we clearly explain when summary dismissal is allowed, and when it is not, and what you as a young person must do immediately.
What is summary dismissal?
In the case of summary dismissal:
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your employment ends immediately
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you receive no pay anymore
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you usually have no right to a transition payment
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it can have consequences for a benefit
That is precisely why the law stipulates strict requirements to this type of dismissal.
When can summary dismissal be given?
Only if all conditions are met:
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There must be an urgent reason
For example:-
theft
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violence or serious threat
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fraud
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persistent refusal to work
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The dismissal must follow immediately
An employer may not wait days or “think it over” first. -
The reason must be communicated clearly right away
Orally and preferably in writing.
Is one of these points missing? Then the dismissal is often invalid.
Why does it often go wrong with young people?
In practice we often see this:
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dismissal after a quarrel or dispute
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dismissal due to being late (without warnings)
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dismissal after calling in sick
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dismissal via a WhatsApp message
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dismissal because “you don’t fit well in the team”
👉 These are usually not valid reasons for summary dismissal.
“But I’m just a student or part-timer…”
That makes no difference at all.
The rules for summary dismissal apply:
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for students
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for part-timers
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for full-timers
Employers sometimes think that young people have fewer rights. That is incorrect.
What if the dismissal is unjustified?
Then you may be entitled to:
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continued payment of wages
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a compensation
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sometimes even reinstatement of your job
But note:
⏳ You must act quickly.
Often there is a short deadline to challenge the dismissal.
What should you do immediately after summary dismissal?
Use this step-by-step plan:
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Ask immediately for written confirmation
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Do not agree, not even verbally
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Keep everything (texts, emails, pay slips)
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Write down exactly what happened
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Have the termination legally reviewed
Even one wrong message can be used against you later.
Common mistakes by young people
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thinking: “it is probably correct”
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not objecting
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waiting too long
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responding angrily to the employer
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resigning after summary dismissal
The latter is especially risky: by doing so you can lose rights.
Are you unsure whether your dismissal is justified?
Are you:
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student
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part-timer
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temporary agency worker
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young person with a part-time job
and are you summarily dismissed (or is that imminent)?
Then have your situation assessed quickly. In many cases it turns out that:
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the dismissal goes too far
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the employer has made mistakes
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you are in a stronger position than you think
👉 Feel free to get in touch to have us take a look. That can make a big difference.
Practical Steps to Take if You Face Summary Dismissal
Being suddenly dismissed without notice can be a shock, especially for young workers who might be unfamiliar with their legal rights. If you believe your summary dismissal was unjustified, it is important to act quickly and decisively.
- Request a written explanation: Dutch law requires employers to provide a clear reason for summary dismissal. Ask for this in writing to understand the exact grounds and to have documentation.
- Review your employment contract and collective labor agreement (if applicable): These documents may contain clauses about termination procedures and your rights.
- Seek legal advice promptly: You have six weeks from the dismissal date to challenge summary dismissal in the Netherlands. Consulting with a lawyer who specializes in employment law can help you assess whether your dismissal was lawful.
- Consider filing a claim with the subdistrict court (kantonrechter): If your dismissal was unlawful, the court can order reinstatement or compensation.
Common Mistakes Young Employees Make
Many young people do not realize that summary dismissal is not allowed for minor mistakes or poor performance unless it is severe and urgent. Employers sometimes misuse summary dismissal as a way to avoid paying notice periods or severance, but this can be challenged.
Additionally, some young employees accept summary dismissal without protest, missing the opportunity to claim compensation or negotiate a better settlement. Always remember that your rights do not disappear just because you are young or working a temporary or part-time job.
Legal Protections for Young Workers in the Netherlands
The Dutch Civil Code and various labor laws provide protections specifically designed to prevent unfair dismissal practices, including summary dismissal. For example:
- Strict conditions for urgent reasons: The law narrowly defines what constitutes an urgent reason, so employers must have concrete and serious grounds.
- Right to legal recourse: Employees can challenge summary dismissal by applying to the kantonrechter within six weeks.
- Special protections for minors: Workers under 18 have additional legal safeguards regarding working hours, types of work, and dismissal.
Understanding these protections can empower young employees to stand up for their rights and avoid unfair treatment in the workplace.
Conclusion
Summary dismissal is a serious step that employers in the Netherlands cannot take lightly, especially with young and vulnerable workers. If you have been summarily dismissed, it is crucial to understand your rights and act quickly. At Arslan & Arslan Advocaten, we specialize in employment law and can help you navigate dismissal issues to ensure you receive fair treatment and compensation where appropriate.
Contact Arslan & Arslan Advocaten today for expert legal advice and support.
Frequently Asked Questions
Can I be summarily dismissed if I am just a part-time or student worker?
Yes, the rules for summary dismissal apply equally to students, part-timers, temporary agency workers, and full-time employees. Employers cannot dismiss you suddenly without following the strict legal requirements, regardless of your employment status.
What should I do immediately after being summarily dismissed?
You should ask for written confirmation of the dismissal, keep all related messages and documents, write down what happened, and have the dismissal reviewed legally as soon as possible. Acting quickly is crucial to protect your rights.
What are common reasons young people face unjust summary dismissals for?
Young people are often dismissed after disputes, for being late without warnings, calling in sick, or via informal messages like WhatsApp, which are usually not valid reasons for summary dismissal under the law.
What can I do if I believe my summary dismissal was unjustified?
If your dismissal was unjustified, you may be entitled to continued wages, compensation, or even reinstatement. It’s important to act quickly, as there are often short deadlines to challenge the dismissal legally.
