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Why written notice is indispensable for employers

In a time when we accept VOIP calls, sound bites and instant messaging as standard work tools, it can be tempting to believe that a verbal discussion is sufficient – but this is not always true. In the case of ending a fixed term employment contract, written notice remains essential.

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The seven things you need to check in your new employment contract

You’ve just got a new job, or perhaps you’re extending an existing position. You’ve just received a new employment contract. Before you sign your employment contract, there are some key clauses to which you should pay attention.

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Dutch labour law and your contract of employment

Your employment contract may determine specific payment and work conditions, but Dutch law determines your rights as an employee in the Netherlands. There are a great many Dutch laws that apply, but some are especially relevant to international workers. Here are some expert tips on evaluating your employment contract under Dutch law.

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Notice periods

 Any employment contract in the Netherlands must stipulate a notice period for ending the contract. That is the amount of time an employee must give an employer before leaving a position. Employees can be penalised for failing to adhere to the notice period requirements, so here’s what you need to know.

Dutch law governs some aspect of notice periods. However, with regards to some aspects of the law, your employer may be able to negotiate your notice period differently.

“Read your employment contract very carefully to see what it specifies about your notice period.”

 

Length of notice period

The length of the notice period depends on the type of contract you have and what has been agreed to in that contract. If you have a fixed term, or temporary, contract both the employer and employee cannot terminate the contract prior to the completion date of the contract. However, it is possible that the contract may give the employee the option to terminate the contract early. If so, your contract must also include this provision.

Indefinite contracts

In the case of an indefinite, or permanent, contract, the notice period is one month for the employee, unless the contract says differently. Typically, you cannot end your contract before the end of the month. This means that if you give notice to your employer on August 5th, the month of your notice period starts on September 1st. Thus, you must continue to meet the terms of your contract until September 30th.

Extension

Dutch employment law rules state that the contract may extend the employee’s notice period of one month. However, if your employee extends your notice period, their notice period must also be extended. The notice period of the employer must be at least two times longer than the notice period of the employee. So if the employers notice period is two months, the employers notice period must be at least four months. By law, the maximum length the maximum notice period that an employer can require of an employee is six months, as required by Dutch law, but a collective labour agreement can deviate from this.

Improper notice

If you, as an employee, leave your position before the notice period ends or if you do not give a proper notice period to your employer, your employer may be able to hold you liable for damages.

Unsure? Get advice you can trust

If you would like to have an expert take a look at your employment contract to see what specific notice period applies in your case or the damages you could face if you do not fulfil your obligations, please contact one of our specialised employment lawyers.