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.

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Koen Vermeulen

Koen Vermeulen

Employment law, Pension law Read more about this lawyer
Godelijn Boonman

Godelijn Boonman

Employment law Read more about this lawyer
Mark Dijkstra

Mark Dijkstra

Employment law Read more about this lawyer
Roos van Zaltbommel

Roos van Zaltbommel

Employment law Read more about this lawyer
Seliz Demirci

Seliz Demirci

Employment law Read more about this lawyer
Anja Blijham

Anja Blijham

Employment law Read more about this lawyer
Amber Willemsen

Amber Willemsen

Employment law Read more about this lawyer
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