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. In general, the final discharge is the settlement agreement to be concluded. In this section, employers and employees confirm that once the SA agreements have been passed, there are no other rights against each other. The aim is to put a definitive end, as far as possible, to the relationship between the employer and the worker within the SA and to ensure that no open items are left outside the SA. What is included in the agreement? First, the general data of the parties, such as names, addresses, as well as the position of the worker and the beginning of the employment. In addition, the reason for the termination of the employment contract is indicated. To avoid problems related to unemployment benefit, it must be a “neutral” cause (for example. B for economic reasons or a disrupted working relationship), which is not due by the worker. In addition, the date of termination of the employment contract and the possible severance pay that the worker receives for the job must also be included.
Many employment contracts under Dutch law provide for non-demand and/or non-competition clauses. These clauses are generally included for the expiry date of the employment contract, as is currently the case. Given the relevance of these clauses and also because the interests of the employer and the worker may strongly oppose these clauses, it will be wise to review the employment contract when developing the employment contract and, if necessary, to enter into additional or other agreements on non-invitation and non-competition in the transaction agreement. As noted above, it is necessary for the agreement to be written down. It should also contain a sentence reminding the worker that he has the legal option of terminating the contract within 14 days of review. To be a useful termination document, the agreement must contain at least the names and positions of the parties, a reference to the employment contract and the end date of employment. As a general rule, when setting the deadline, the contractual notice is respected, but it may deviate from it. Due to the high interests associated with entering into a transaction agreement, professional legal advice is recommended.
Our redundancy specialists have extensive experience and knowledge of this subject. You can have your transaction contract checked free of charge by our billing specialists. You will then know that you will get what is yours and that your unemployment benefits are not threatened. Our first advice is FREE! Therefore, you have nothing to lose, you can only win and benefit from our advice. These conditions may include agreements (but not limited) on: the date on which your employment contract ends, with respect to leave pay, days off, payment of unpaid wages, confidentiality and non-competition clauses, as well as additional severance pay that the employer may offer. 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.