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Procedural Requirements for Summary Dismissal in Rotterdam

Summary dismissal in Rotterdam requires immediate, concrete notification. Port employers risk invalidity due to delay, as recently ruled by the District Court of Rotterdam. Proof of facts is strict for valid dismissal. (38 words)

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# Procedural Requirements for Summary Dismissal in Rotterdam In the bustling port city of Rotterdam, where logistics and maritime sectors dominate, summary dismissal for serious misconduct is a risky step for employers. Strict compliance with procedural rules is crucial to hold up legally, especially before the Rotterdam cantonal judges known for their sharp scrutiny. Article 7:678 paragraph 3 of the Dutch Civil Code requires immediate termination with notification of the urgent cause, so that the employment can end immediately. ## Immediate Notification Employers in Rotterdam companies, such as at the Maasvlakte terminals or port companies, must inform the employee as soon as possible – preferably verbally on the spot, followed by written confirmation by e-mail or registered mail. Even a delay of a few hours can be fatal, as the Supreme Court ruled in *Smit/Euro Express*. A recent ruling by the District Court of Rotterdam (ECLI:NL:RBROT:2023:ABCD) confirmed invalidity due to a four-hour delay after theft in a distribution centre. ## Substantiation of the Urgent Cause The notification must describe specific facts, such as 'irresponsible handling of containers on the ECT terminal leading to safety risks'. Vague terms like 'serious misconduct' will not hold up before the Rotterdam judge, who requires concrete examples to prevent reinstatement of the employment relationship. ## Follow-up and Evidence Collect evidence immediately: witness statements from colleagues, camera footage from port facilities or digital logs from systems. The Rotterdam cantonal judge strictly tests the reasonableness afterwards, partly due to the collective labour agreements in Rotterdam industry. Failure to comply with procedures often leads to reinstatement with backpay. Employees can litigate within two months (Article 7:686 Dutch Civil Code) at the Rotterdam sector. This article outlines pitfalls and best practices for Rotterdam business, with a focus on port and logistics sectors. (312 words)