Most Common Urgent Employment Law Situations
Employment crises rarely arrive with advance warning. Whether it's an employee who disappears without notice, a sudden allegation of misconduct, or a confused manager making promises they shouldn't — the first 24-48 hours of an employment law crisis determine the outcome.
Dutch employment law is heavily procedural. The steps you take (or fail to take) immediately after an incident can either protect your rights or permanently waive them. This guide covers the situations we see most frequently and what to do right now.
Employee Refuses to Work
An employee stops performing their duties or refuses reasonable instructions. Your response must be measured and documented:
- Immediate step: Confirm the instruction in writing and ask the employee to explain their refusal in writing
- Formal warning: Issue a written warning specifying the refusal and its consequences. State clearly that continued refusal may result in wage suspension or disciplinary action
- Wage suspension: Under Art. 7:627 BW, "no work, no pay" — but only if the refusal is unjustified and you've given proper notice
- Do NOT dismiss on the spot unless the refusal constitutes an "urgent reason" (which is rare for work refusal alone). Instead, build a dossier and pursue a kantonrechter procedure
Employee Goes AWOL
When an employee simply stops showing up:
- Day 1: Attempt contact via phone, email, and emergency contact. Document every attempt
- Day 2-3: Send a registered letter (aangetekende brief) to their home address. Request they report to work and explain that unauthorized absence may have consequences
- Week 1: If no response, send a second registered letter warning that continued absence without valid reason may lead to wage suspension and dismissal proceedings
- After 2+ weeks: Consider whether the absence constitutes abandonment of employment. Even then, follow formal dismissal procedures — do not assume the employment has ended
Allegations of Harassment or Discrimination
Receiving a formal or informal complaint about harassment (seksuele intimidatie) or discrimination:
- Take every complaint seriously: Even informal mentions. Document that the complaint was received and when
- Engage the vertrouwenspersoon: Support the complainant in accessing the confidential advisor
- Investigate promptly: Conduct a fair investigation — hear both sides, maintain confidentiality, and document findings
- Take proportionate action: Based on findings, implement corrective measures. These can range from mediation to formal warnings to dismissal for serious cases
- Protect the complainant: Ensure no retaliation occurs. Victimization of a complainant is itself a legal violation
Manager Makes Unauthorized Commitments
A manager promises a raise, promotion, or changed working conditions without HR or director approval:
- The risk: Under Dutch law, oral commitments by someone with apparent authority (schijn van volmacht) can be legally binding. If the employee reasonably believed the manager had authority, you may be bound
- Immediate response: Don't immediately contradict the manager. Instead, communicate that the matter needs formal review and approval
- Prevention: Clearly define and communicate managerial authority limits. Include standard contract language stating that HR/director approval is required for any changes to employment terms
