When an employee is facing dismissal on the spot that has significant legal and financial implications.The employee is immediately terminated from service and therefore will not immediately be entitled for a compensation, and no right to unemployment benefits. For both employer and employee in such a situation legal advice given is not a luxury. Indeed, there are strict requirements for the validity of a resignation on the spot. The fact that a dismissal is granted on the spot, does not mean that this is legally tenable. An employer is therefore well advised to carefully note here and not to start the termination procedure because a wrongly granted dismissal on the spot can cause damage.The employer is liable to pay damages if challenged in the court.

The fact remains that due to the time bound nature of a termination and because when such a dismissal has to be granted immediately.There is very less time to act and seek legal advice. When in doubt a contingent legal process with the district judge should be conducted to avoid a later confrontation for avoiding unwanted higher wages. A employee also can face consequences when his services are terminated.Some people do however resort to timely legal advice and to give them a better outcome many beneficial options can be granted .In typical scenario such dismissals can be nulled or/and an advance salary or compensation may be claimed in relation to the disregard of the notice period or the unfairness of the dismissal as claimed by the employer.

The dutch law system has very specific laws when it comes to labor laws and laws relating to employee dismissal.It is very strongly advised for a employer as well as an employee to seek immediate legal advices when such situations may arise.Most employees don’t have an idea that they are still entitled for wages, severance pay and benefits.A few case scenario when a immediate termination can be served are -

For an employer:

* The employee is constantly drunk at work.
* The employee indulges in Theft or other crime against the employer.
* The employee is violent at work.
* The worker exibits sexual immorality at work.
* Actions by the employee by which property or human lives is endangered.
* The employee refuses stubbornly to act on the orders of the employer.
* If the employee had used forged diplomas,degree’s or fake educational qualification to seek employment.

For an employee:

* The employer fails to pay the wages.
* The workplace is unsuitable for work and is dangerous to the human life.

About the author
Roland de Graauw is founder of De Graauw Legal Services, a result driven firm specialized in employee dismissal cases also referred as ontslag op staande voet as per the dutch law convention.De Graauw legal services provides legal advice to private individuals and SME’s(small and medium-sized firms) on mainly labour law and employee termination cases.

Contact Information:
Website – http://www.degraauw.com/LegalServices/Ontslagopstaandevoet.htm
Email – Legalservices@degraauw.com