Both proceedings require strong reasons and evidence of termination of the employment contract. The employer must justify these reasons with evidence. Both procedures will be (partially) written. For both authorities, “Dutch” is the working language. At the end of the 14-day reissue period, the termination contract is generally considered a final settlement of all matters between the employment parties. Most termination agreements will stipulate that the parties will not have other obligations after they have complied with everything stipulated in the transaction agreement. It is therefore important that both parties consider all employment-related obligations and issues. A termination contract can be used for the termination of an employment contract in the Netherlands. Since indeterminate contracts cannot be terminated unilaterally by the employer under Dutch law, the employer must apply for dismissal via one of the available forms.
There are three ways to end employment in the Netherlands (see recruitment and dismissal in the Netherlands): 1) proceedings before the cantonal court 2. Procedure with the Employment Administration (UWV) 3. Dismissal by mutual agreement. It goes without saying that the simplest and cheapest way to end employment will generally be by mutual agreement. In the latter case, the termination is normally provided for by a termination contract. Dutch labour law provides workers with extended protection in the event of dismissal and termination of employment. As a general rule, there are four ways to terminate an employment contract: most Dutch contracts can also be terminated for convenience. However, some contracts cannot be terminated for convenience, for example.B. or an indeterminate lease or a shareholder contract (unless otherwise stated in the agreement). You only accept the termination agreement if you fully understand its contents and are satisfied with its terms and conditions. The UWV verifies whether there are valid reasons for dismissal, such as.B.
business restructuring enthato or closure. Reasons for dismissal must be justified by sufficient evidence, such as recent corporate accounts, forecasts, etc. Please note that Dutch law provides that there is in principle a ban on dismissal during a worker`s illness. the sub-district court may grant an additional payment if the termination of the employment relationship is a matter of conduct or omission on the part of the employer. There are several provisions that make the termination contract more useful to the parties who use it. First, it is strongly advised to specify whether the employer is paying an amount as severance pay or severance pay. In addition, in order for the worker to be entitled to unemployment benefit, it is essential to point out that the employment ceases at the employer`s initiative and that the worker cannot be accused of dismissal.