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Summary Dismissal in Rotterdam: Urgent Reason and Immediate Consequences

Summary dismissal (Article 7:677 of the Dutch Civil Code) in Rotterdam due to an urgent reason such as theft in the port or fraud. Local procedure, risks, and defense options for employers and employees without a notice period at the Rotterdam subdistrict court.

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# Summary Dismissal in Rotterdam: Urgent Reason and Immediate Consequences Summary dismissal (Article 7:677 of the Dutch Civil Code) entails the immediate termination of employment without a notice period or UWV (Employee Insurance Agency) approval. This is common in dynamic sectors such as the Port of Rotterdam and logistics. It requires an urgent reason, such as theft of goods at Maasvlakte, fraud in maritime trade, or serious misconduct in the workplace. ## What Constitutes an Urgent Reason in the Rotterdam Context? Facts that justify immediate termination are assessed based on local circumstances, including collective labour agreements (CAOs) in the Rotterdam industry. Examples include aggression during ship unloading, breach of non-compete clauses at transshipment companies, or prolonged unauthorized absence in port operations. The subdistrict court in Rotterdam applies strict scrutiny, taking into account the demanding work environments. ## Procedure in Rotterdam - Notify the employee immediately, preferably in writing with justification, directly following the incident in the workplace. - Conduct a hearing with the employee beforehand, unless there is acute urgency, such as theft in the port. - Wages cease immediately; notify the UWV in Rotterdam within two working days. ## Risks for Employers In case of unjustified dismissal, employers may be required to continue wage payments, pay compensation, and reinstate the employment contract. The employee can bring the case before the Rotterdam subdistrict court (within two months). Local jurisprudence shows that port companies often lose cases due to insufficient evidence. ## For Employees: Defense in Rotterdam Submit an objection to the UWV Rotterdam to claim unemployment benefits. Gather evidence against the urgent reason, such as witness statements from colleagues within the Rotterdam work culture. Seek legal assistance via the Legal Counter Rotterdam (Juridisch Loket). ## Statistics and Tips for Rotterdam Only 20% of summary dismissals are upheld by the Rotterdam court. Document facts with camera footage from the port and issue prior warnings in accordance with the CAO. Use summary dismissal for repeated misconduct in logistics. Alternative: Implement a warning procedure through the Works Council (OR) or a trade union such as FNV Havens.