3 December 2025
Don’t count the number of warnings
That five official warnings do not automatically justify a lawful dismissal was once again confirmed in a recent ruling by the Gelderland Subdistrict Court.
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The easiest way for an employer to terminate an employment contract is by reaching an agreement with the employee.
Parties should in that case agree on all specific terms preferably in writing and in a so-called settlement agreement. That way, the risk of discussions arising as to the exact terms is reduced.
Different subjects can be taken into consideration in the settlement agreement. These include (but are not limited to) the date on which the employment contract ends, a possible severance to be paid by the employer but also payment of outstanding salary, holiday pay and vacation days, a confidentiality clause, whether or not a non-competition and/or non-solicitation clause should be waived and the return of company property.
Dutch law offers the employee 14 days to withdraw his or her consent to a termination agreement without stating a reason. Upon concluding a termination agreement the employer is obliged to notify the employee of this statutory right to a reconsideration period.
GMW lawyers will be happy to help you with all your employment-related legal issues. If you have any questions, please contact us directly using the enquiry form below or +31 (0)70 3615048. Our pension and employment lawyers will be happy to support and advise you.
GMW lawyers will be happy to help you with all your employment law issues. Our lawyers assist both employers and employees.
Do you have a question? Please feel free to contact us.
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3 December 2025
Don’t count the number of warnings
That five official warnings do not automatically justify a lawful dismissal was once again confirmed in a recent ruling by the Gelderland Subdistrict Court.
Read more
30 October 2025
Heineken employee facing termination? We offer legal advice
Heineken has announced a large-scale reorganisation, as a result of which many positions will become redundant. Those employees will be offered a settlement agreement to which a so-called social plan will apply. If this applies to you, please continue reading…
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10 September 2025
Does a Validsign signature equal consent?
Employment contracts can end in various ways. For example, a fixed-term employment contract often referred to as a “temporary contract” expires on the agreed date.
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27 August 2025
The scope of the redeployment obligation
Does your employer say that you have been dismissed due to organizational changes? Does this mean your position is no longer available?
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25 August 2025
Can I go on vacation while sick?
We regularly receive the question of whether sick employees can go on vacation. In this blog, we answer this question and explain the applicable rules.
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13 August 2025
Summary dismissal: steps to take
In many cases, a summary dismissal does not meet the strict legal standard of the existence of an urgent reason. This was also the case in a recent case brought before the court.
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11 August 2025
Termination after concealing a second job
In today’s workplace, it's not uncommon for employees to juggle multiple jobs. However, what happens when an employee hides a second job from their employer?
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23 July 2025
Medical decision making in the employment relationship from the employer’s perspective
Employers often perceive sickness notifications and absenteeism as a significant burden. This is understandable. Employees on sick leave would also prefer to be at work rather than at home unable to work.
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16 July 2025
Business closure: what to do with employees?
The company is shutting down. This may be due to poor financial performance or because the sole owner is seriously ill or has passed away. However, ceasing operations and closing the doors does not mean that employment contracts with staff automatically end. So how does this work?
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