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

Refusal of work is one of the most abused dismissal reasons.

In this comprehensive guide, the employment law lawyers of Arslan Lawyers explain:

• when there is indeed a refusal to work,

• when it is not a refusal to work,

• when summary dismissal is invalid,

• and what steps you need to take immediately to secure your job or compensation.

---

⭐ What is work refusal?

Refusal of work means that you intentionally and without valid reason refuse to:

• carry out agreed work,

• follow the employer's instructions,

• or to show up at work.

But: an employer may not decide for himself what "valid" or "invalid" reasons are. This is determined by the law, and in many cases also by the company doctor.

When is there a refusal to work? The law(Article 7:678 of the Dutch Civil Code) defines refusal to work as the persistent refusal to comply with reasonable orders or assignments from the employer. It is therefore not a single instance, but a persistent refusal of an assignment that is within reasonable limits. What is a reasonable assignment? For example, a reasonable command is:

• Request a cleaner to clean in the company building during a scheduled shift.
• Asking an employee to perform the usual duties associated with his or her position.

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

• Asking a sales manager to work as a cashier indefinitely for no apparent reason.

In short: refusal to work is always about not wanting to carry out reasonable and appropriate assignments from the employer, without a valid reason according to thelawor thecompany doctor.

---

⭐ When is there no question of refusal to work?

In practice, it appears that the majority of accusations are not a real refusal to work. These are the most common situations:

---

1. You are ill or have limited deployability (medical)

This is the number one mistake employers make.

If you:

• are ill,

• are not fully taxable,

• is not allowed to perform certain activities,

• is in the process of reintegration,

• can only do suitable work,

then refusing is not a refusal to work.

➡ Only the company doctor determines what you can and cannot do.

Even if an employer thinks that you can “just come”, he is not allowed to judge this himself.

---

2. You refuse unsafe work

You may legally refuse to do work that:

• is dangerous,

• is unsafe,

• is contrary to safety rules,

• or for which the employer does not provide sufficient protection.

---

3. You refuse illegal or incorrect orders

An employer may not let you perform tasks that:

• are contrary to the law,

• does not belong to your position,

• be morally or ethically unacceptable,

• or abuse your position.

Refusing this is not a refusal to work.

---

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,

• structurally more hours without your permission.

Just doing it because I say so is not a legal basis.

Examples of reasonable and unreasonable assignments A reasonable request is, for example, when a cleaner is asked to carry out cleaning work in a commercial building at a time when he or she is scheduled to work. This simply falls within the employment contract and is therefore not a point of discussion. An unreasonable request, on the other hand, is when an employer asks you to work as a cashier indefinitely, while you are employed as a sales manager, without good reason. This falls outside your position and you may refuse - so it is not a refusal to work.

---

Note: The actual situation and the reason for the assignment always play a role. Have you been given an assignment that falls outside your job profile, employment contract or reasonableness? Then you are usually in a strong position if you refuse.

---

5. You refuse work after bullying, intimidation or conflict

When:

• you feel unsafe,

• you are being bullied,

• your manager is aggressive,

• whether the working relationship has been seriously disrupted,

The employer must first resolve the conflict.
Your refusal is then not a refusal to work.

---

6. You did not receive the assignment clearly

For example:

• unclear planning,

• alternating control,

• no written instructions,

• you don't know that you had to work somewhere,

• miscommunication via WhatsApp or staff app.

Without clear instructions → no refusal to work.

---

⭐ When is it a refusal to work?

Refusal of work only exists when:

• you know exactly what is expected of you,

• you are medically fit to do the work,

• there are no safety risks,

• the assignment falls within your position,

• and you consciously refuse, without a valid reason.

Example of real work refusal:

• “I'm not going to do this job and you can't do anything to me.”

But even in such situations the employer must:

• apply audi alteram partem,

• take your circumstances into account,

• consider alternative measures,

• and act carefully.

Be heard both ways means: The employer must invite you as soon as possible for an interview in which you can tell your side of the story. This should not be postponed until, for example, a manager returns from vacation—it must be done immediately. Often two people are present at the conversation on behalf of the employer, so that someone can always explain what was said. You may also record the conversation. During this conversation it must become clear why you continue to refuse to carry out the assignment, despite the threat of immediate dismissal. You really need to be given the space to explain your situation. Only after the conversation, and after consultation with, for example, a lawyer, can the employer draw conclusions and consider further steps.

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

If an employee continues to refuse to perform the job, it is crucial that the employer is clear about the consequences. The employee must know unequivocally that in extreme cases this can lead to immediate dismissal. This warning should not only be given verbally, but should preferably also be confirmed in writing. This ensures that the employee knew what was at stake. Without clear communication about the consequences, the employer runs the risk that a judge will declare the dismissal invalid.

---

⭐ Can an employer summarily dismiss for refusal to work?

Only if:

• the refusal to work is intentional

• there is serious insubordination,

• the assignment was legal, safe and appropriate,

• the employer has warned you in advance,

• and all other options have been exhausted.

But please note: summary dismissal is not allowed. There are three strict requirements that must be met:

• Urgent reason: The refusal to work must be so serious that there is really no other solution. Consider repeated and clear refusals after warnings, or if, for example, you have a long service record without previous incidents — then the bar is higher than for a short employment contract with multiple warnings.
• Act immediately: The employer must dismiss the employee almost immediately after discovering the refusal to work. If they wait for weeks at first, it is usually a sign that the reason was not as urgent as suggested.
• Direct and clear communication: The reason for dismissal should 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 the above conditions are met — and that rarely happens without serious reasons.

In practice, this almost always goes wrong.

That is why many dismissals are summarily annulled due to “refusal to work”.

How should summary dismissal be confirmed to you?

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

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

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

---

❌ Common mistakes employers make

Employers often make the same mistakes:

❌ 1. Consider illness as a refusal to work

The most common mistake.

❌ 2. No clear instructions in advance

An employee cannot refuse an assignment that has not been clearly given.

❌ 3. No hearing either way

You must always be heard.

❌ 4. No evidence of intent

A misunderstanding is not a refusal to work.

❌ 5. Resignation letter too quickly

Summinary dismissal must be immediate, but not hasty.

❌ 6. Not taking personal circumstances into account

Age, years of service, health, private problems — everything counts.

---

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

These are the steps you need to take immediately:

---

Step 1 – Do not respond substantively

Never say or email:

• “I'm not going to work”

• “I don't feel like it”

• “just leave me alone”

This will be used directly against you.

---

Step 2 – Contact an employment lawyer immediately

Refusal of work is a risky accusation:
1 wrong sentence can damage your case.

---

Step 3 – Request the assignment and the refusal in writing

You are entitled to:

• a clear assignment,

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

• inspect the file.

It is also important that you record what is happening. Ask your employer to confirm the assignment or instruction again in writing, for example by e-mail. This ensures that you have a clear overview of the situation and prevents misunderstandings afterwards. By properly documenting both the assignment given and your response, you will be in a stronger position if the conflict escalates or a formal procedure follows. Bottom line: repetition and commitment are key. This way you keep control of the situation and you have a complete and clear file.

---

Step 4 – Gather Evidence

For example:

• WhatsApp conversations,

• grids,

• company doctor reports,

• your job description,

• previous agreements about tasks,

• communication with manager.

---

Step 5 – Choose your strategy

At Arslan We assess lawyers:

• is this a real refusal to work or a misunderstanding?

• is the dismissal valid?

• do you want to go back to work?

• or would you rather receive compensation and termination via VSO?

We advise what gives you the best result.

Sometimes it is possible to reach a settlement together with your employer, for example via a settlement agreement (VSO). This can offer benefits for both parties: you get clarity and often a fair settlement, while the employer prevents a long-term conflict or lawsuit. However, an employer may not always want to agree to a settlement — for example if he thinks the dismissal will stand or has principled reasons. In such a case, we will work with you to determine the best next steps.

---

⭐ Consequences if the dismissal turns out to be unjustified

In the event of unfair dismissal due to refusal to work, you are entitled to:

• full salary payment from the date of dismissal,

• transition compensation,

• fair compensation (extra),

• reinstatement of your employment,

• removal of refusal to work from your file.

---

Conclusion

In practice, refusal to work is accepted far too quickly.
Most accusations are missing:

• clear evidence,

• a valid command,

• an assessment by the company doctor,

• hear and hear both sides,

• or a careful investigation.

That is why many dismissals due to refusal to work are annulled by the courts.

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

Do you want advice or assistance? Contact us today