Work Refusal and Summary Dismissal – Your Rights as an Employee

When you are accused of refusal to work, that often feels unjustified. Many employees suddenly hear that they “refuse to work” and that this is an urgent reason for summary dismissal. But in practice it turns out that employers use this term use it incorrectly far too often.

Refusal to work is one of the most misused grounds for dismissal.

In this comprehensive guide, the employment law attorneys of Arslan Attorneys explain:

• when there is indeed refusal to work,

• when it is not refusal to work,

• when summary dismissal is invalid,

• and which steps you must take immediately to secure your job or compensation.

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⭐ What is refusal to work?

Refusal to work means that you deliberately and without a valid reason refuses to:

• perform the agreed work,

• follow the employer’s instructions,

• or show up at work.

But: an employer may not decide on their own what “valid” or “invalid” reasons are. That is determined by the law, and in many cases also the occupational physician.

When is it a case of refusal to work?The law (Article 7:678 Dutch Civil Code) describes refusal to work as the persistent refusal to comply with reasonable orders or instructions from the employer. So it is not about a single instance, but about a continuing refusal to carry out an instruction that falls within reasonable limits.What is a reasonable instruction?A reasonable instruction is, for example:

• Asking a cleaner to clean in the company building during a scheduled shift.
• Asking an employee to perform the usual tasks that belong to his or her position.

What is NOT a reasonable instruction?An assignment is not reasonable if it falls outside the normal scope of duties, without a good reason. For example:

• Asking a sales manager to work as a cashier for an indefinite period, without a clear reason for it.

In short: refusal to work is always about not wanting to carry out reasonable and appropriate instructions from the employer, without a valid reason according to the law or the occupational physician.

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⭐ When is it not a case of refusal to work?

In practice, it turns out that the majority of accusations no genuine refusal to work is. These are the most common situations:

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1. You are sick or have limited work capacity (medical)

This is the number one mistake employers make.

If you:

• are sick,

• are not fully fit for work,

• are not allowed to perform certain tasks,

• are in a return-to-work process,

• can only do suitable work,

then refusing is not a refusal to work.

➡ Only the occupational physician determines what you can and cannot do.

Even when an employer thinks that you can “just come in,” they are not allowed to assess that themselves.

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2. You refuse unsafe work

By law, you may refuse to do work that:

• is dangerous,

• is unsafe,

• is in violation of safety rules,

• or for which the employer provides insufficient protection.

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3. You refuse illegal or improper instructions

An employer may not require you to perform tasks that:

• are in violation of the law,

• are not part of your job,

• are morally or ethically unacceptable,

• or abuse your position.

Refusing this does not constitute refusal to work.

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4. You refuse work that is not in your contract

An employer may not force you to:

• completely different tasks,

• work for other companies,

• heavy physical work that you have never done,

• unreasonable extra shifts or night shifts,

• systematically more hours without your consent.

“Just do it because I say so” is not a legal basis.

Examples of reasonable and unreasonable instructionsA reasonable request is, for example, when a cleaner is asked to carry out cleaning duties in a company building at the time he or she is scheduled to work. This simply falls within the scope of the employment contract and is therefore not up for debate.An unreasonable request, on the other hand, is when an employer asks you to work as a cashier for an indefinite period while you are employed as a sales manager, without a good reason. This falls outside your role and you may refuse it—that does not constitute refusal to work.

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Note: The actual situation and the reason for the assignment always play a role. If you receive an assignment that falls outside your job profile, employment contract, or what is reasonable, then you are generally in a strong position if you refuse.

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5. You refuse work after bullying, intimidation, or conflict

When:

• you feel unsafe,

• you are being bullied,

• your manager is aggressive,

• or the working relationship is seriously disrupted,

then the employer must first resolve the conflict.
Your refusal then does not constitute refusal to work.

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6. You did not receive the assignment clearly

For example:

• unclear planning,

• inconsistent supervision,

• no written instruction,

• you did not know that you had to work somewhere,

• miscommunication via WhatsApp or the staff app.

Without clear instruction → no refusal to work.

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⭐ When is it actually refusal to work?

Refusal to work exists only when:

• you know exactly what is expected of you,

• you are medically able to do the work,

• there are no safety risks,

• the assignment falls within your job role,

• and you knowingly refuse, without a valid reason.

Example of actual refusal to work:

• “I’m not going to do this work and you can’t make me.”

But even in such situations the employer must:

• apply the principle of hearing both sides,

• take your circumstances into account,

• consider alternative measures,

• and act carefully.

Hearing both sides means:The employer must invite you for a meeting as soon as possible, in which you may tell your side of the story. This must not be postponed until, for example, a manager returns from vacation—it must happen immediately. Often, two people are present at the meeting on behalf of the employer, so that there is always someone who can attest to what was said. You may also record the meeting.During this meeting it must become clear why you, despite the threat of summary dismissal, still refuse to carry out the assignment. You must genuinely be given the space to explain your situation. Only after the meeting, and after consulting, for example, a lawyer, may the employer draw conclusions and consider further steps.

What consequences must the employer make clear in the event of continued refusal to work?

If an employee continues to refuse to perform the work, it is crucial that the employer is clear about the consequences. The employee must unambiguously know that this can, in the most extreme case, lead to summary dismissal.This warning should not only be given orally, but should preferably also be confirmed in writing. That way, it is recorded that the employee knew what was at stake. Without clear communication about the consequences, the employer risks a judge declaring the dismissal invalid.

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⭐ May an employer summarily dismiss you for refusing to work?

Only if:

• the refusal to work intentional is,

• there is serious insubordination,

• the instruction was lawful, safe, and appropriate,

• the employer warned you in advance,

• and all other options have been exhausted.

But note: a summary dismissal may not be imposed lightly. There are three strict requirements that must be met:

• Urgent cause: The refusal to work must be so serious that there really is no other solution left. Think of repeated and clear refusal after warnings, or if, for example, you have a long track record without prior incidents — then the bar is higher than with a short tenure with multiple warnings on file.
• Acting without delay: The employer must proceed to dismissal almost immediately after establishing the refusal to work. If they wait for weeks first, that is usually a sign that the reason was not as urgent as suggested.
• Direct and clear communication: The reason for the dismissal must be made clear to you immediately, preferably in writing and within a few days. You should not be left in the dark.

In short: summary dismissal due to refusal to work is possible, but only if all of the above conditions are met — and that rarely happens without serious grounds.

In practice, this almost always goes wrong.

That’s why many summary dismissals for “refusal to work” are annulled.

How should a summary dismissal be confirmed to you?

The law is strict here: the reason for summary dismissal must be *immediately and clearly told to you. You should never be left uncertain about why you are being dismissed.This is how it should be:

• You receive within two days a clear explanation of the reason—preferably immediately orally and always in writing.
• The employer must set out this reason by letter confirm it. It’s best if he sends it in multiple ways:
• hand it over directly (if possible),
• by email,
• and by registered mail.

Note:The dismissal letter must be very specific—no vague stories or general wording. If it contains something the employer cannot prove, there is a good chance the dismissal will not hold up in court.In short: only a clear and carefully explained letter, properly and sent on time, meets the requirements.

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❌ Common mistakes employers make

Employers often make the same mistakes:

❌ 1. Treating illness as refusal to work

The most common mistake.

❌ 2. No clear instruction beforehand

An employee cannot refuse an assignment that was not given clearly.

❌ 3. No hearing of both sides

You must always be heard.

❌ 4. No proof of intent

A misunderstanding is not refusal to work.

❌ 5. Too hasty dismissal letter

Summary dismissal must be without delay, but not rushed.

❌ 6. Failure to take personal circumstances into account

Age, years of service, health, personal issues — everything counts.

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⭐ What can you do if you are accused of refusing to work?

These are the steps you must take immediately:

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Step 1 – Do not respond on the merits

Never say or email:

• “I am not going to work”

• “I don’t feel like it”

• “just leave me be”

This will be used against you immediately.

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Step 2 – Contact an employment lawyer immediately

Refusal to work is a risky accusation:
1 wrong sentence can harm your case.

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Step 3 – Ask for both the instruction and the refusal in writing

You are entitled to:

• a clear assignment,

• a written explanation of why this would constitute refusal to work,

• access to the file.

Additionally, it is important that you record what happens. Ask your employer to confirm the assignment or instruction again in writing, for example by email. This ensures that you have a clear overview of the situation and prevents misunderstandings later on. By properly documenting both the assignment given and your response, you will be in a stronger position should the conflict escalate or a formal procedure follow,In short: repetition and documentation are essential. This way you keep control of the situation and have a complete and well-organized file,

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Step 4 – Collect evidence

For example:

• WhatsApp conversations,

• schedules,

• occupational physician reports,

• your job description,

• previous agreements about tasks,

• communication with supervisor.

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Step 5 – Choose your strategy

At Arslan Lawyers we assess:

• is this genuine refusal to work or a misunderstanding?

• is the dismissal valid?

• do you want to return to your job?

• or would you prefer compensation and termination via VSO?

We advise whatever yields the best result for you.

Sometimes it is possible together with your employer to still reach a settlement for example via a settlement agreement (VSO). This can offer advantages for both parties: you get clarity and often a fair arrangement, while the employer avoids a lengthy conflict or lawsuit. Still, it is possible that an employer will not always want to enter into a settlement — for example, if he thinks the dismissal will stand or has principled reasons. In such a case, we will look together with you at the best next steps.

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⭐ Consequences if the dismissal turns out to be unjustified

In the case of unjustified dismissal due to refusal to work, you are entitled to:

• full wage payment from the date of dismissal,

• transition payment,

• fair compensation (extra),

• reinstatement of your employment,

• removal of refusal to work from your file.

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Conclusion

In practice, refusal to work is assumed far too quickly.
In most accusations, the following is missing:

• clear evidence,

• a valid instruction,

• an assessment by the occupational physician,

• hearing both sides,

• or a careful investigation.

That is why many dismissals for refusal to work are overturned by the court.

The employment law attorneys of Arslan Lawyers are ready to guide you, challenge your dismissal, or negotiate a strong settlement for you.

Would you like advice or assistance? Contact us today.

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