Offboarding: Voluntary & Involuntary Separation

Separation

An employment contract can end in several ways: by the end of the agreed duration of the contract (fixed-term contract), the death of the Employee, termination by the Employer (dismissal), termination by Employee (at its own request), termination by mutual consent or termination contract by court (law). In all cases laws and regulations are applicable and support from HR professionals is advised.

End Employment Agreement on Retirement

The Employment Agreement will end on the first day of the month in which the Employee reaches retirement age.

Notice period

In general, the statutory notice periods are applicable for termination of both indefinite term Employment Agreements and premature termination of the fixed term Employment Agreements. However, it is possible that a notice period other than the statutory notice period is applicable because another notice period was agreed in the individual Employment Agreement.

The statutory notice period to be observed by the Employer is:

  • 1 month for an Employment Agreement continuing for less than 5 years.
  • For Employment Agreements with duration of 5 and 10 years, the notice period for the Employer is 2 months, and the notice period is 3 months for Employment Agreements continuing for a period of between 10 and 15 years.
  • If the Employment Agreement continues beyond 15 years, the notice period is 4 months. The statutory notice period for the Employee is 1 month.

Reference letter

After the end of the employment contract, the Employer is obliged to provide the employee with a Reference Letter [ getuigschrift ] upon request of the Employee. This is stated in Article 656 of the Dutch Civil Code book 7:

  1. At the end of the employment contract, the Employer is obliged to provide the employee with a Reference Letter upon request.
  2. The letter states:

    a the nature of the work performed and the working hours per day or per week

    b. the start date and the end date of the employment contract;

    c. a statement of how the Employee has complied with his obligations;

    d. a statement of how the employment contract was terminated;

    e. if the Employer has canceled the employment contract, the reason for this.

  3.  The information referred to in paragraph 2, parts c, d and e, will only be stated in the Reference Letter on the request of the Employee.
  4.  if the Employee has terminated the employment contract and he owes the Employer compensation in that regard, the Employer is entitled to state this in the letter.
  5. The Employer who refuses to issue the requested Reference Letter fails to comply with a request as referred to in paragraph 3, includes incorrect statements due to intent or fault or provides the Reference Letter with a characteristic or in a specific way to do so or to make any statement regarding the Employee that is not contained in the wording of the Reference Letter, is liable towards the Employee as well as towards third parties for the damage caused thereby.
  6. This article cannot be deviated from to the disadvantage of the Employee.