Termination Agreement Netherlands

In the Netherlands, the employer usually has five options for terminating the employment contract: either the law (i.e. the employment contract or the rental contract) or the contractual conditions (i.e. the general conditions of sale) usually determine the conditions of termination. Even in the event that the current performance agreement or the law does not provide for termination conditions, the original principle is that such an ongoing agreement could be terminated for convenience. Depending on the circumstances of the particular case, particular attention should be paid to the length of the notice period to be taken into consideration and (ii) to the possible obligation of the resilient party to financially compensate the other party. The UWV examines whether there are good reasons for termination, such as. B restructuring or closure of the enterprise. The grounds for termination must be provided with sufficient evidence, such as.B. current financial statements, forecasts, etc. There are many more clauses that can and should sometimes be included in a repeal treaty. In addition, your legal status depends largely on your specific circumstances.

You will find a very basic form of cancellation contract on the UWV website. The most common form contains many model clauses that have proven their worth over the years. 3. Are cancellation contracts recognised by Dutch law? As mentioned above, the written form of the contract is required. It should also contain a sentence reminding the worker that he has the legal possibility to terminate the contract within 14 days of review. In addition, to be a valid termination document, the contract must include at least the names and positions of the parties, a reference to the employment contract and the end date of the employment relationship. As a general rule, the contractual notice period is respected when setting the deadline, but it is possible to deviate from it. In a collective agreement or employment contract, the dismissal rules may deviate from those described above. In the case of a fixed-term contract, you usually have to wait until the end of the contract term. Please note that Dutch legislation provides that there is in principle a prohibition on termination of the employment relationship during a worker`s illness.

What is your situation in such a scenario and what is important if you are considering accepting a cancellation treaty? A legal transitional payment was introduced with effect from 1 July 2015. From 1 January 2020, workers will be entitled to a transitional allowance from the first day of employment and during the probation period. An employee receives one-third of the monthly salary per calendar year. The transitional payment is limited to EUR 83 000 gross – or, if the worker is entitled to a higher annual salary – to an annual salary. The transitional payment is not due if the worker terminates the employment contract, unless the dismissal is due to serious acts of guilt on the part of the employer. It is important to note that you can only re-elect a cancellation contract from a given employment contract once every six months. Willemijn Lenders specialises in labour law at GMW advocaten / Legal Expat Desk. It can help you understand and negotiate your cancellation contract. For more information, please contact her directly. Under this scheme, enshrined in the De Work & Security Act, the amount of remuneration for termination of employment no longer depends on the choice of procedure.

The sub-district court may provide an additional payment if the termination of the employment relationship amounts to culpable conduct or omission on the part of the employer For certain types of agreements, Dutch law provides for mandatory termination provisions. . . .

Comments are closed.