Notice period Netherlands
Written by:
Hein Kernkamp
Termination of the employment contract
Both employers and employees can terminate the employment contract by means of cancellation by giving written notice. As a rule, employers must first ask permission from the UWV before doing so. The duration of the notice period is regulated by law in Article 7: 672 of the Dutch Civil Code.
What is the notice period for the employee to observe?
If no deviating arrangement has been agreed, the notice period that the employee must observe is one month. Cancellation takes place at the end of the calendar month, unless a different day has been designated by written agreement or by use.
Employer and employee may agree a longer notice period in writing. The notice period to be observed by the employee may not exceed 6 months. If a longer than the standard term has been agreed, the term to be observed by the employer may not be less than double that for the employee.
Notice period of the employee with a temporary contract
An agreement that has been entered into for a definite period ends on the agreed end date. It is not possible to cancel prematurely, unless this has been agreed in writing.
What is the notice period of the employer?
The notice period to be observed by the employer depends on the duration of the employment contract. This amounts to:
- for an employment contract that lasted less than 5 years: one month
- for an employment contract that lasted 5 to 10 years: 2 months
- for an employment contract that lasted 10 to 15 years: 3 months
- for an employment contract that has lasted 15 years or longer: 4 months.
The notice period is one month from the time the employee reaches the state pension age.
Shortening the statutory notice period of the employer is only possible by collective labor agreement.
Set off the notice period for the employment contract with the procedure time
The procedure time of the UWV dismissal procedure may then be deducted from the notice period. At least 1 month's notice must remain.
Notice period of employment contract during the probation period
There is no notice period during the probation or trial period. Both the employer and the employee can immediately terminate the contract. The employment will then stop with immediate effect.
Other ways of termination
Employment contracts can also end by concluding a termination agreement or as a result of a dismissal procedure before the subdistrict court.
Information
We regularly advise on termination of employment, both in individual cases and when there is a collective dismissal. If you have any questions, please do not hesitate to contact us. It is not without reason that our motto is: Your problem, our concern.
More information?
Hein Kernkamp will gladly help you further.
