A summary dismissal is the most drastic way in which an employer can terminate an employment relationship. The dismissal is immediate and without notice period. This can have major consequences for employees: loss of income, no transition compensation and often no right to unemployment benefit.
In this article we explain when summary dismissal is permitted, how you can contest this and what your rights are.
What is summary dismissal?
Summary dismissal means that the employment contract is terminated immediately, without notice period or compensation.
Conditions:
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There must be an urgent reason.
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The dismissal must be given immediately.
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The reason must be communicated immediately and clearly to the employee.
When can you, as an employee, resign with immediate effect?
There are situations in which you as an employee are also allowed to resign immediately. This is only possible if there is an urgent reason – for example if you are confronted with dangerous working conditions, serious insults or if your salary is structurally not paid (on time). Important to know:- The reason must be so serious that you cannot reasonably be expected to continue working any longer.
- You must communicate this dismissal to your employerwithout delay, i.e. immediately, and also make it clear why you are leaving.
- Always provide the urgent reason in writing; then you have proof from your side.
What are urgent reasons for dismissal?
The law mentions a number of urgent reasons, for example:
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Theft or fraud.
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Violence, threats or gross insult.
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Serious refusal to work.
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Unauthorized absence or repeated lateness.
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Cause business damage due to intent or gross negligence.
👉 Whether something is an urgent reason always depends on the circumstances.
What happens if you resign with immediate effect?
If you, as an employee, resign immediately, there are important consequences. This is possible, for example, if you are completely fed up, but be aware of a number of risks:- If your dismissal is not for a good, urgent reason, your employer can hold you liable for damages. Consider the wages you would normally have earned if you had complied with the notice period.
- There is a good chance that you are not entitled to unemployment benefits because you have chosen to quit immediately without a valid reason.
Consequences of summary dismissal
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No right to notice period.
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No right to transition compensation.
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Often no right to unemployment benefits (because dismissal is "culpable").
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Great impact on your reputation and future career.
What are the risks of resigning yourself?
Resigning yourself with immediate effect sometimes seems like the quickest way, but there are significant risks involved:- Compensation to the employer: If it turns out afterwards that there was no urgent reason, your employer can hold you liable for the damage. This amount may amount to the salary that you would normally have earned during the notice period.
- No unemployment benefits: If you resign without a good (urgent) reason, you will almost certainly not be entitled to unemployment benefits. This means no safety net after departure.
- Financial uncertainty: Because you quit immediately without a notice period or guarantee of income, you may immediately find yourself without a salary.
- Troublesome reference: A sudden departure without a valid reason can also damage your position in the labor market.
How can you contest summary dismissal?
You can go to the subdistrict court within 2 months and ask for:
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Cancellation of dismissal → you remain employed and receive wages.
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Compensation or fair compensation → if you accept the dismissal but feel it is unjustified.
Salary and wage payment in case of immediate dismissal
If you are summarily dismissed, your employment contract will end immediately. In principle, your salary payment will also stop. This only applies if the dismissal was justified. In that case, you are always entitled to the wages you earned up to the time of dismissal. However, if you are wrongfully summarily dismissed, your employer must continue to pay your salary. Please note: to safeguard your right to salary, it is important that you indicate in writing that you are willing to do your work. This way you prevent your employer from stating that you have refused work. If your employer does not pay, you can enforce payment of wages through the courts.Termination by mutual consent after summary dismissal
Even after summary dismissal, it is sometimes possible to reach an arrangement with your employer: termination by mutual consent. This is also called a “settlement agreement”. This can often prevent discussions and uncertainty, for example if both parties would rather not end up in legal proceedings. Please note: never simply sign your name. Proposals often seem more attractive than they are—think about your rights to benefits or compensation. So always first seek advice from an employment law specialist or a specialized employment law lawyer.Practical examples
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Example 1: An employee was summarily dismissed for theft of a bottle of wine. The judge found this too onerous and awarded a transition payment and additional compensation.
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Example 2: An employee structurally refused to carry out assignments. The summary dismissal was declared valid.
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Example 3: An employee was fired because of an argument with a colleague. The judge ruled that this was not sufficiently urgent. The dismissal was annulled.
Checklist for immediate dismissal
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📑 Always ask to receive the reason for dismissal in writing.
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⚖️ Check whether there is a valid urgent reason.
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⏳ Please know that you only have 2 months to file an objection with the judge.
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💶 Request continued payment of wages if the dismissal is annulled.
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📝 Contact an employment law lawyer immediately.
- Immediately indicate verbally that you do not agree with the dismissal.
- After receiving (or failing to receive) written confirmation from your employer, send a registered letter of protest.
- Indicate in your letter that you are available for work and are entitled to payment of wages.
- Don't wait too long: if you don't go to court within 2 months, you will be dismissed and you will lose your rights.
- Seek legal help quickly to protect your position.
Common mistakes
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Thinking that summary dismissal can no longer be challenged.
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Do not object and therefore lose rights.
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Accepting dismissal when there was no compelling reason.
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Do not go to court within the 2-month period.
Frequently asked questions (FAQ)
1. Can my employer just dismiss me with immediate effect?
No, only with a valid and urgent reason.
2. Can I receive unemployment benefits after summary dismissal?
Usually not, because the dismissal is considered culpable.
3. What if I do not agree with the dismissal?
You can go to the subdistrict court within 2 months.
4. Will I still receive a transition payment?
Only if the dismissal later turns out to be unjustified.
5. How quickly must the employer act?
Immediately: as soon as the urgent reason is known, the dismissal must follow immediately.
Why Arslan Lawyers?
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Experienced in challenging summary dismissal
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Often achieve reinstatement or additional compensation
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Fast and decisive action within short deadlines
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Protect your rights in court and in negotiations
Conclusion
Summary dismissal has serious consequences and is only allowed in exceptional cases. If you are confronted with this, act immediately: have the validity checked and object in a timely manner. It often turns out that the employer has not met all the conditions.