Opzegging arbeidsovereenkomst
Termination of the Employment Contract
Notice of termination of the employment contract constitutes the formal termination of the employment relationship by the employer or the employee by means of notice given in accordance with the statutory or contractual notice period.
Termination of the employment contract by notice is the unilateral termination of the employment relationship in which the party giving notice must observe the applicable notice period. This is governed by Book 7 of the Dutch Civil Code and is distinct from summary dismissal or termination by mutual consent.
Termination by notice is relevant because improper termination may give rise to a claim for damages, reinstatement of the employment contract or a fair compensation award. Employers are frequently required to obtain prior authorisation from the UWV or the subdistrict court in cases of redundancy or long-term incapacity for work.
In practice, notice of termination is almost invariably given in writing, and the employee must be informed of the termination date and any entitlement to a transition payment.
“The employer has terminated the employment contract as of 1 June, observing the three-month notice period.”
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