Under Dutch law, it is necessary for the termination contract to be concluded in writing. Otherwise, the employer cannot demand that the employment contract be effectively terminated and the employee may demand wages. If you are not sure that the transaction contract is correct for you, seek legal advice. As more and more companies move towards restructuring and redundancies, voluntary exit programs and comparison agreements are becoming a frequent topic of discussion. So what if you`re offered a transaction contract? Is it worth accepting and what are the consequences? Here are some key considerations. One of the relevant aspects for the worker is that the date of termination of the employment contract is consistent with the date on which the worker is entitled to unemployment benefit. For this reason, the transaction agreement must take due account of the fact that the notice period in force at the time of termination of the employment contract has been duly respected. In addition, in order to be safe, and given the worker`s rights to unemployment benefits, the VSO often contains a provision stipulating that the termination of the employment contract is not due to the employee (no dismissal by the worker), since it is the employer who has taken the initiative to terminate the employment contract. If you are unsure of the content of your transaction agreement or the impact on your situation, it is worth consulting a lawyer.
For this reason, employers may include compensation for legal fees in the transaction contract. Under Dutch labour law, employment contracts can be terminated by mutual agreement (transaction contract or termination contract). In many cases, a mutual agreement is reached to terminate the employment relationship with a termination contract (exit package or compromise) or a judicial agreement, in court or amicably. In a collective agreement or employment contract, the rules of dismissal may differ from those described above. In the case of a fixed-term contract, you usually have to wait until the end of the term of the contract. The employer and the worker may enter into written agreements to terminate a Dutch employment contract as part of a redundancy contract. Not only are our contract lawyers very experienced in establishing transaction contracts, but they will take legal action on behalf of their clients if necessary. We are fully committed to our customers, work in a horizontal organization and offer competitive rates.
Please contact us for free and without commitment. Dutch labour law is very different from other legal systems in some areas. In particular, the employee`s position with regard to dismissal. Staff are better protected than in many other countries. In principle, the employer needs prior authorization from the employment agency of the Workers` Insurance Agency (UWV WERKBEDRIJF) or the sub-circumscription court before the employment contract can be terminated.