Urgent reasons for the employer to terminate the employment agreement immediately
Dutch Labour Law provisions for the summary dismissal of an employee
Article 7:678 Dutch Civil Code
Urgent reasons for the employer to terminate the employment agreement immediately
– 1. An urgent reason for the employer in the meaning of Article 7:677, paragraph 1, consists of such acts, characteristics or behaviour on the part of the employee, having the result that the employer reasonably cannot be expected to continue the employment agreement.
– 2. An urgent reason may, among others, exist:
a. when the employee has mislead the employer at the conclusion of the employment agreement by showing false or forged testimonials or by deliberately providing false information about the way in which his previous employment ended;
b. when the employee seriously seems to lack the competence or the capability to perform the work to which he has engaged himself;
c. when the employee, despite warning, takes to drunkenness or other dissipated behaviour;
d. when the employee makes himself guilty of theft, embezzlement, deceit, fraud or other indictable offences as a result of which he becomes unworthy of the employer’s trust;
e. when the employee batters, crudely insults or seriously threatens the employer, his family members or other employees;
f. when the employee tempts or tries to tempt the employer, his family members or other employees to perform or participate in actions contradictory to law or good morals;
g. when the employee deliberately, or despite warning, recklessly damages the property of the employer or exposes it to serious danger;
h. when the employee deliberately, or despite warning, recklessly exposes himself or others to serious danger;
i. when the employee makes public characteristics regarding the household or enterprise of the employer which he was expected to keep confidential;
j. when the employee persistently refuses to comply with reasonable instructions or orders given by or on behalf of the employer;
k. when the employee crudely neglects the obligations imposed on him by the employment agreement;
l. when the employee deliberately or because of reckless behaviour becomes or remains unable to perform the contracted work.
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