Procedural Requirements for Summary Dismissal in Delft

# Procedural Requirements for Summary Dismissal in Delft In Delft, with its thriving high-tech sector at companies like ASML and TU Delft, summary dismissal for serious misconduct is a sensitive issue. Employers must strictly follow procedural rules to hold up legally. According to Article 7:678(3) of the Dutch Civil Code (BW), the termination must be given without delay and the employee must be informed of the urgent cause in such a way that the employment can be terminated immediately. ## Immediate Notification The employer must inform the employee as soon as possible, preferably orally and immediately followed by written confirmation. In Delft cases before the subdistrict court in The Hague, delay has often led to invalidation. The Supreme Court ruled in cases such as *Smit/Euro Express* that even a few hours' delay can be fatal, a lesson relevant for local startups and university staff. ## Substantiation of the Urgent Cause The notification must concretely describe the facts and circumstances constituting the misconduct, such as theft in a Delft tech lab or aggression during a project meeting at the TU. General formulations are insufficient; specific examples, tailored to the Delft work culture, are essential. ## Follow-up and Evidence Employers must gather witness statements, camera footage from factory buildings or IT logs. In case of dispute, the subdistrict court in The Hague will retrospectively test the reasonableness. Failure to comply with procedural rules often results in reinstatement of the employment relationship with backpay. Employees can take legal action within two months (Article 7:686 BW), with specialists such as law firms in Delft specialized in this area. This article highlights the pitfalls and best practices for a watertight dismissal process in the Delft context, taking into account local labour market dynamics.