Termination by mutual consent
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.
Conditions in the termination agreement
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.
More information
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.
Looking for an employment law lawyer in The Hague?
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.
"*" indicates required fields
You might also like
22 November 2023
Small hearts, big consequences
Since the MeToo movement in 2017, the number of court rulings involving sexually transgressive behaviour has increased exponentially.
Read more
Read more about
20 November 2023
Work wherever you want in 2023?!
The corona pandemic has been behind us for a while now. A period when working from home or elsewhere than in the workplace was the norm.
Read more
Read more about
2 October 2023
The new study costs clause
Since 1 August 2022, employers may no longer charge employees for the cost of certain training and education through a study cost clause.
Read more
Read more about
20 September 2023
Adaptation of whistleblowers’ scheme to new law
Adaptation of whistleblowers' scheme to new law; employers will be required to adapt internal whistleblower reporting procedures and whistleblowing employees will have increased protection from measures under employment law.
Read more
Read more about
2 August 2023
Daylight robbery
People have been working from home en masse since the corona pandemic and, contrary to the expectations of some labour market experts, there seems to be no change in this trend. This is hardly surprising as working from home can have benefits for both employers and employees.
Read more
Read more about
26 June 2023
The non-compete clause: is there something you can do?
Most permanent employment contracts include a non-compete clause. This clause determines that you are not allowed to work for a competing company for a certain period of time within a certain region.
Read more
Read more about
19 June 2023
Performance Improvement Plan: 5 key points to consider
Termination of the employment agreement due to unsatisfactory performance is possible under Dutch employment law.
Read more
Read more about
9 June 2023
A damaged working relationship
It can happen in the best of organisations: an employee and a manager cannot get along. Tensions in the workplace can escalate quickly, negatively affecting the working atmosphere within the department.
Read more
Read more about
24 April 2023
Working from home: right or privilege?
Before the Pandemic, working from home was not facilitated by all employers. During the Pandemic, we proved altogether that (long-term) working from home and/or working at a different location than the office can work very well.
Read more
Read more about