No wages and an urgent need for income: prepare a wage claim in summary proceedings

No wages and an urgent need for income: prepare a wage claim in summary proceedings

Are your wages unpaid and can you not wait for ordinary court proceedings? You can ask the Dutch subdistrict court for interim wage relief in summary proceedings, known as kort geding. Prepare not only an amount, but evidence of entitlement, the need for immediate payment and responses to objections. The court approaches monetary relief cautiously and may award only part. Urgent proceedings do not definitively resolve every employment dispute or guarantee that the employer can actually pay.

Substantiate both wage entitlement and the need for immediate relief.

Show arrears, future wages and disputed extras separately.

Summary proceedings do not automatically preserve deadlines for challenging dismissal.

Assess both urgency and the likelihood of entitlement

Summary proceedings provide necessary interim relief, rather than simply a faster version of every money claim. Explain which wages remain unpaid and why waiting for a full merits case is not reasonable in your situation. Bring, for example, reminders for essential bills and a concise overview of current income. There is no universally required number of unpaid months before you may seek help.

The judge also considers whether entitlement is sufficiently plausible and weighs the parties’ interests, including the risk that money cannot be repaid if a later decision differs. This repayment risk does not mean that having little money automatically disqualifies you. You should nevertheless answer specific objections. Discuss the strength of the contract, wage agreement and payment evidence with your adviser alongside urgency.

Request relief that matches the evidence

Separate arrears by period, any continuing payments and ancillary amounts. Do not simply add gross amounts due to net amounts received without explaining the calculation. An acknowledged month of basic salary may be clearer than a bonus with disputed conditions or overtime requiring extensive witness evidence. The [general wage claim guide](guide:loonvordering) helps with calculation; this guide concerns preparing interim relief.

Discuss whether a limited, well-supported part can be sought now while another part requires further investigation. This does not automatically waive the remainder; have the wording of the claim and any subsequent proceedings assessed. Future wages also require a separate basis and period. In an August 2026 judgment, the Midden-Nederland District Court awarded arrears but limited the relief because too much remained uncertain about future wages. That illustrates a fact-specific assessment, not a rule for every wage dispute.

Resolve special procedural questions early

For wages during sickness, an expert opinion and any exception to the requirement can be relevant. Bring the wage measure, occupational physician’s advice and correspondence about cooperation; establish before issuing proceedings what medical or expert evidence is needed. The [guide to stopping and suspending wages](guide:loonstop-loonopschorting) helps identify the non-payment ground. An absent declaration is no general licence to begin an illness-related dispute without preparation.

If there is also summary dismissal or another disputed termination, separately discuss the required petition proceedings and short deadline. A payment claim or request to return to work does not itself annul dismissal or preserve that deadline. With structural inability to pay, even a successful judgment may be difficult to collect; also discuss [employer insolvency](guide:werkgeversfaillissement) and the UWV route. The appropriate urgent measure depends on what you actually need: wages, return to work or both.

Prepare the application, summons and service carefully

Identify your legal employer: the contracting party and correct individual or legal entity, rather than only a trading name, manager or brand. Gather address details and have the competent court identified. Employment disputes can fall within the subdistrict court’s jurisdiction even at higher amounts; the ordinary threshold for other monetary claims is not automatically the limit for your wage case.

A draft summons and the current application form are used to request a hearing date. The court supplies instructions and deadlines; the summons including date and time is then normally served by a judicial bailiff. The judiciary describes an exception where the other party agrees to appear voluntarily. Do not rely solely on sending an email yourself: arrange the appropriate formal notice. Filing methods can differ by court, so consult current instructions from the court dealing with the case instead of copying an old sample form.

Create a file the judge can check quickly

Number the exhibits and give each a short description. Link every requested amount to the wage period, agreement, payslip and bank payment. Include the payment request and employer’s response, even where it contains an unfavourable argument. Update the schedule after partial payment to avoid inadvertently claiming the same amount twice. Use the [wage claim tool](tool:loonvordering) for preparation, not as an amount already established by a court.

Also prepare a short urgency timeline and answers to specific defences. Share relevant hardship information carefully; do not send unnecessary account details or a complete medical file. Evidence must also reach the other party on time under the instructions and procedural rules. The [case-file builder](tool:dossier-builder) helps organise documents. As extensive witness examinations do not normally take place in summary proceedings, planning to resolve everything orally at the hearing is not strong preparation.

Discuss the hearing, costs and steps after judgment

A lawyer is not mandatory in the subdistrict court, but assistance can matter for drafting, counterclaims and interaction with dismissal or sickness. Ask beforehand about court fees, bailiff charges, your own advice costs and the risk of an adverse costs order. A costs award does not automatically reimburse all actual lawyer fees. Discuss insurance and possible subsidised legal aid without assuming eligibility.

The court may explore settlement or give an interim judgment. A settlement should specify periods, sums, payslips and costs resolved and issues remaining open. If relief is granted, service and enforcement may still need arranging; a judgment is not a bank transfer. A later merits decision can differ. After judgment or refusal, promptly have any further action or appeal and its deadline assessed; do not merely wait for another promise to pay.

Fictional example: two months’ wages and a disputed bonus

An employee receives no wages for two months. The employer acknowledges basic monthly pay but says payment will follow later, while disputing an annual bonus. The employee has reminders for rent and health insurance and takes bank records, payslips and the contract to an adviser. They separate fixed arrears from the bonus and explain why immediate relief is needed. The adviser also discusses repayment risk and whether future wages are sufficiently substantiated. No result or maximum statutory increase is promised: the court may limit or refuse relief or help achieve settlement. The bonus is not silently waived merely because a defined urgent request is prepared first.

Correct employer, contract, collective agreement and relevant wage terms.

Calculation by period with payslips and bank payments.

Payment requests, replies and specific objections.

Urgency evidence using only necessary financial information.

Any sickness, suspension or dismissal documents and separate deadlines.

Numbered exhibits and checked service and filing instructions.

Must I use a lawyer in these urgent proceedings?

A lawyer is not mandatory in the subdistrict court. The summons and formal notice must nevertheless be correctly arranged; specialised assistance can matter where evidence, sickness or dismissal is complicated.

What if the employer pays after the summons?

Update the calculation immediately and discuss what amounts, costs or interests remain. Do not withdraw proceedings without assessment or automatically grant a full release for an unclear payment.

Can I obtain the maximum statutory increase immediately?

It is not guaranteed. Conditions and calculation must be correct and the court may reduce it. Keep principal, increase, interest and costs visible as separate items.

Do I lose wage entitlement if urgent relief is refused?

A summary judgment is provisional. Refusal does not automatically extinguish every possible merits claim, but the reasoning and litigation risks need assessment. Investigate further action and deadlines promptly.

Sources and editorial notes
Sources current as of: October 22, 2026
1. Dutch judiciary — wage claim procedures
Publisher: Rechtspraak
https://www.rechtspraak.nl/onderwerpen/loonvordering/procedure
2. Dutch judiciary — summary proceedings in the subdistrict court
Publisher: Rechtspraak
https://www.rechtspraak.nl/naar-de-rechter/rechtszaak-beginnen-particulier-of-organisatie/kort-geding-beginnen-kantonrechter
3. Dutch judiciary — wage claim costs
Publisher: Rechtspraak
https://www.rechtspraak.nl/onderwerpen/loonvordering/kosten
4. Dutch judiciary — ECLI:NL:RBMNE:2026:5556
Publisher: Rechtspraak
https://uitspraken.rechtspraak.nl/details?id=ECLI:NL:RBMNE:2026:5556
5. Dutch Code of Civil Procedure, Article 254
Publisher: Wettenbank · Overheid.nl
https://wetten.overheid.nl/BWBR0001827/#BoekEerste_TiteldeelTweede_AfdelingVeertiende_Artikel254
The source publications are in Dutch. All language editions cover Dutch law.