Terminate contract? Then keep this in mind!
May 20, 2021
As a vakbond we mainly have to deal with employers who want to terminate an employment contract. But employees can of course also end their employment. It is good to know how your contract can end. That is why our legal specialists list these for you, for both temporary and permanent contracts.Do you want to stay informed? Then sign up for our newsletter.
Canceling a fixed-term contract
A fixed-term employment contract has an agreed end date. The contract expires automatically on this date. Before that, the employment contract cannot usually be terminated unilaterally: not by your employer, but not by you either. Only during a possible probationary period do you both have the opportunity to end the cooperation immediately and without giving a reason. In addition, your employer can fire you - under strict conditions - if necessary immediately.
An early termination is possible if a stipulation about this is included in your employment contract. You can also agree with your employer that your contract ends earlier: we call this a dismissal by mutual consent. You agree that and how your employment will end, and you record agreements about this in a settlement agreement. But beware: a dismissal by mutual consent can affect your right to unemployment benefits. Therefore, always seek the help of our legal advisers before signing anything.
Terminate a contract for an indefinite period
Do you have a permanent contract? Then you can always resign. You must take into account the notice period: this is legally one month, but something else may be laid down in your employment contract, collective labor agreement or company regulations. The cancellation period starts from the first day of the month after you cancel. So if you want to leave your employment on 1 July, you can cancel your contract before 1 June at the latest. In the month of June you still have to work as usual.
Your employer cannot just terminate your employment. If he wants to fire you, he must request permission from the UWV or the subdistrict court and substantiate your dismissal. In addition, dismissal by mutual consent is possible, and instant dismissal is the last option. With all types of dismissal except the latter, your employer has to deal with a statutory notice period:
- 1 month with an employment contract of 5 years or less;
- 2 months with an employment contract of between 5 and 10 years;
- 3 months with an employment contract of between 10 and 15 years;
- 4 months with an employment contract of longer than 15 years.
Is there a different notice period if you were to terminate your employment contract, for example three months instead of the statutory one? Then the double applies to your employer: not three months, but six.
Competition or relationship clause
Are you ending your employment yourself? Then pay attention to whether there is one non-competition or relationship clause in your contract.
Help with the end of your employment
Are you considering or is your employer trying to terminate your employment? Please contact De Unie. Our legal specialists can check your settlement agreement, point out your rights and obligations and, if necessary, help you with the application for your unemployment benefit. We are available every working day from 8.00 a.m. to 18.00 p.m. via firstname.lastname@example.org and 0345 851 963.