Resignation in the Netherlands
No matter whether you have found a new job, are moving to a different city, or want to start something new like studying or starting a business, there are many reasons why you might want to resign from your job in the Netherlands. However, there are a few rules and procedures that should be followed when you want to quit your job. This page walks you through the process and explains what you need to bear in mind.
How to resign in the Netherlands
If you are thinking about resigning, it’s worth consulting with an employment lawyer first. This is because, depending on your circumstances, it may be worth trying to seek a dismissal by mutual consent first.
If you resign, you will waive your right to claim unemployment benefits, sickness benefits and transition compensation, but with a dismissal agreement, you may be able to get all of these things and a payout. It’s also possible to weaken or waive any non-competition clauses you may have in your contract about you resigning and going to work for a competitor. You can read more about dismissal by mutual consent on our termination of contract page.
If you do decide to resign in the Netherlands, you will need to let your employer know that you are leaving, and then continue working for your minimum notice period, as specified in your work contract. If you fail to serve out your notice period, you may forfeit some of your final salary.
Resigning in the Netherlands if your employer is your residence permit sponsor
One important thing worth considering before you resign is any potential implications it might have for your residency. If you are living and working in the Netherlands on a residence permit for which your employer is the sponsor, leaving your job might affect your immigration status. You should speak with the IND to clarify your position before making a decision.
Generally speaking, you will have three months in which to find a new job in order to remain in the Netherlands, but you should consult with the IND to be extra sure.
Notice period for resigning
Before you resign, it’s also important to know how long your notice period is. If you are looking for a new job, prospective employers will want to know when you can start working for them. You can expect to be asked about this during an interview.
Your work contract should specify exactly how long your notice period is, but if it does not contain a notice period clause or refers to employment law, then the statutory notice period applies.
The statutory notice period for resigning in the Netherlands is one month, no matter how long you have worked for the company.
It can only be made shorter by a collective agreement. It can only be made longer if this is specified in your contract, and the employee’s notice period can never be longer than six months (the maximum notice period for your employer, for instance if they were dismissing you, is double this). If you are on a fixed-term contract, you may not be able to resign before the specified end date, unless there is an interim termination clause in your contract.
Longer notice period
Statutory notice periods may be longer if an employee was hired before 1999 and at that time was aged 45 years or more.
No notice required
No notice period is required if:
- You are in your probationary period.
- You resign with immediate effect due to a contract breach (for instance, if your employer is not paying your salary or is forcing you to work in unsafe conditions). This is known as “summary resignation” or “constructive dismissal”.
When does the notice period start?
The notice period starts the day after you formally resign. That means that if you want to resign by September 1, you need to submit your formal resignation before August 1.
Resignation letter in the Netherlands
While it’s good practice to inform your employer face-to-face about your resignation, you should also submit a formal resignation letter in writing. Depending on your company, it might suffice to attach this as a digital document to an email, or they may need a hard copy with a wet signature. Check with your HR team to be sure.
Resignation letter template
Your resignation letter only needs to be short, containing a few key details, such as:
- Your full name and address
- Your employer’s full name and address
- Your job title
- A clear statement of your intention to resign or terminate your employment contract
- The date of your resignation and your proposed last working day
- Your signature
It’s not necessary to include extra details like your reasons for resigning, but you can do so if you wish. It’s important to keep things factual and end on a positive note.
Note that once you have submitted your resignation letter, it can only in exceptional circumstances be withdrawn, so it’s important to carefully consider all of the implications before resigning.
Exit interview
Your company may want to schedule an exit interview with you as an outgoing employee. This is a candid conversation between the employer and a representative of the company (perhaps a member of the HR team) to discuss your experience working for the company. You can expect to talk about:
- Your reasons for leaving
- Your thoughts about working at the company
- Potential areas for improvement
No matter what the circumstances surrounding your departure are, it’s a good idea to keep this conversation factual, professional and pleasant. You want your company to retain a good lasting impression of you, as you may need to ask them for references, or even in the future find yourself wanting to return for a new role. You should focus on the positive aspects of your role while offering some constructive feedback.
Getting references
It’s a good idea to ask your line manager for a reference letter before you leave the company. You are not obliged to do so, but the benefit of doing this is that you will immediately have something on file if a future potential employer asks you for references.
What happens to your unused holiday days if you quit your job?
Generally speaking, you have two options when it comes to your unused holiday days when you quit your job:
- You can use your holiday days during your notice period.
- You can ask your employer to pay out your unused holiday days (they will be taxed as special income).
This applies to both statutory and non-statutory holiday days.
You should discuss the arrangements for your unused holiday days with your employer when you inform them of your intention to resign.
Claiming unemployment benefits after your resignation
You should note that, if you resign from your job, you are generally not entitled to receive unemployment benefits in the Netherlands. This is because the UWV deems you to be personally responsible for being out of work.
In certain circumstances, you may still qualify for unemployment benefits even if you resign. These are:
- If you resign due to a work-related illness and a doctor confirms that your resignation was not your fault, and that it would harm your health to return to work.
- If you resign because your partner has to move for work, and your total commute to and from your current job would be more than three hours after the move.
- If you resign because of constructive dismissal, if your employer has made your working conditions intolerable.