Termination of the Employment Contract
The termination of an employment contract can occur in multiple ways, each with specific rules and consequences.
Types of Termination
- Automatic termination: Upon expiry of a fixed-term contract or reaching the state pension age
- Termination by employer: Requires permission from the UWV or a ruling from the cantonal court
- Termination by employee: Subject to the statutory notice period
- By mutual consent: Via a settlement agreement
- [Summary dismissal](https://rechtshulprotterdam.nl/encyclopedie/directe-leeftijdsdiscriminatie): Only in case of an urgent reason
- Death of the employee
Financial Settlement
Upon termination of an employment contract, the employee is entitled to payment for outstanding holiday days, holiday pay and possibly a [transition payment](https://rechtshulprotterdam.nl/encyclopedie/pro-rata-dertiende-maand).
Statutory basis: Articles 7:667-686 of the Dutch Civil Code
Frequently Asked Questions about Employment Law in Utrecht
What rights do I have as an employee?
As an employee, you are entitled to a safe workplace, minimum wage, paid holiday days and protection against discrimination or unequal treatment.
Can I be dismissed by my employer just like that?
No, dismissal usually requires approval from the UWV and must be based on valid reasons. Prior warnings are often required.
How many paid holiday days am I entitled to?
You are entitled to at least 20 paid holiday days per year, unless otherwise stipulated in your employment contract. These days must be able to be taken upon request.
What is a collective labour agreement (cao) and what does it mean for me?
A cao (collective labour agreement) is a set of agreements between employers and trade unions on matters such as salary, working hours and other terms of employment.
What should I do in case of illness?
In case of illness, you must immediately inform your employer. You are entitled to continued payment of wages during the first two years of illness.
Local Information Utrecht
Court: Rechtbank Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht
Legal Assistance: Juridisch Loket Utrecht, Catharijnesingel 55
Frequently Asked Questions about Termination of Employment Contract
What does termination of an employment contract mean?
An employment contract can end in various ways, each with its own rules and consequences.
What are the statutory rules for termination?
Upon termination of employment, the employee is entitled to payment for holiday days, holiday pay and possibly a transition payment.
What are my rights and obligations upon termination?
You are entitled to a safe workplace, fair pay, paid holiday and protection against unequal treatment or discrimination.
What if the rules are not complied with?
Dismissal generally requires approval from the UWV and must be based on reasonable grounds. Warnings are often a requirement.
What are common mistakes in termination?
You are entitled to at least 20 paid holiday days per year, unless your contract states otherwise. These days must be able to be taken upon request.
When should I seek legal assistance?
It is advisable to seek legal advice in case of uncertainties about your rights, conflicts with your employer or if you feel you are not being treated fairly. Timely advice can prevent costs and problems and strengthen your position.
Summary
The termination of an employment contract is a crucial aspect of Dutch employment law. Both employers and employees have specific duties and rights. Non-compliance can have legal consequences.
Key Points
- Termination of an employment contract is governed by the Dutch Civil Code
- Both employers and employees have rights and obligations
- Failure to follow the rules can lead to legal issues
- In case of doubt, engaging legal assistance is recommended
- Good agreements and preventive measures help avoid conflicts