Well, how about we discuss not working full notice periods rather than mourn what could've been. If the departing staff member is one you didn't want to lose due to their skills and experience, then you're no doubt still feeling frustrated.īut now they won't even work their notice period, and your disappointment that they're leaving is turning into resentment. Netherlands Commercial Court (Netherlands Judiciary)įAQ Partners Contact About us Disclaimer Privacy and cookies Accessibility Ondernemersplein (Dutch) is an initiative of: European Commission Point of Single Contact is the Dutch Point of Single Contact for entrepreneurs.Employees not working notice periods can be a real headache.Notice period in case of termination of employment (Government of the Netherlands, in Dutch).Questions relating to this article? Please contact the Netherlands Enterprise Agency, RVO +31 (0)88 042 44 44 Contact form Ask other entrepreneurs for advice on Any further questions? Find more information on our contact page External links Giving notice for employees on fixed-term contracts.How would you rate this page? (question 1 of max 3) Bad Poor Good Very good Excellent Related articles In that case, the compensation amounts to at least 1 month's salary. This compensation will amount to what your employee would have earned had the regular notice period been applied.
whose contractual notice period exceeds the current statutory notice period.įailure by the employer to give the correct notice period may result in having to pay compensation (in Dutch) to your employee.Notice period older employeesįor older employees in some cases the statutory notice period may be extended. You can seek advice about dismissal procedures from the Employee Insurance Agency ( Uitvoeringsinstituut Werknemersverzekeringen, UWV) or you can consult a lawyer specialised in labour law. In any case you must follow proper dismissal procedures. Be aware that an agreement like this may have negative consequences for your (former) employee's unemployment benefit. If so, this must be laid down in a written statement. Both you and your employee may decide that the dismissal or resignation comes into effect immediately. At the end of the notice period, the contract of employment ends. How does it work?Ī notice period usually runs from the start of the day after you dismissed your employee or they handed their notice in. The maximum notice period for an employee is 6 months. If your employee's notice period is more than 1 month, the employer's notice period has to be at least twice as long. If so this must be explicitely stated in the contract of employment. However, you may have agreed on a longer or shorter notice period with the employee. The statutory notice period (in Dutch) for an employee is 1 month. Please note: the period of notice is always at least 1 month. The normal statutory notice period will apply in cases where no provision has been made for separate terms on the period of notice in the contract and there is no CAO. However, if you wish to shorten the notice period in an employment contract, you may only do so if the Collective Labour Agreement ( CAO) for your sector allows this. You can agree to a change in the length of the notice period. When an employer wants to change the notice period You should, however, inform your employee if you do not want to renew the contract. There is no notice period for fixed-term contracts. The length of the notice period for an employer depends on the duration of the employment contract, with a maximum of 4 months. when the employee resigns with immediate effect (summary resignation) following a breach of contract for example.in cases of summary dismissal due to gross misconduct for instance.If you wish to terminate the contract, you must do so by the end of the month, unless otherwise agreed in writing. The latter applies if you and your employee have agreed in the contract that both parties can terminate the employment. In some cases you must give notice when the employee in question has a fixed-term contract. You must always give notice when an employee has a permanent employment contract. There is a minimum period of notice which can be given and rules to address any conflicts that may arise. If you want to dismiss staff or your employee wants to resign, a period of notice should be given in both situations.
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