Dutch employment law: Negotiating and ending an employment contract

Dutch employment law: Negotiating and ending an employment contract

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Alex van den Heuvel, founder of Van den Heuvel Arbeidsrechtjuristen in The Hague, discusses the ins and outs of Dutch employment contracts. 

If you work for a Dutch employer, or your contract is otherwise subject to Dutch employment law, there are a number of matters to think about when negotiating a contract.

Collective agreements (cao)

In many cases, employers are subject to collective agreements, or "cao’s", which cover working conditions and benefits. If a cao applies to the employer, an employee does not need to be a union member to have it apply to him or her as well, as long as an explicit article is incorporated in the employment contract making the cao applicable. If no cao is applicable, the employee will need to negotiate his or her own terms and conditions.

An employment contract must contain at least the following information: name / address of the employer and employee, work location, job title and description, start / end dates (open-ended in case of indefinite contracts), trial period (if any), hours of work, salary and other expenses, and a notice of termination clause for both parties.

Within the limits of the law, parties are free to decide what will be covered by the contract.

Temporary contracts and indefinite contracts

Temporary contracts have a clear start and end date. The contract ends by operation of law at the given date, without notice or an official dismissal procedure needed. Temporary contracts cannot be terminated without consequences - usually payment of salary until the end of the contract - unless they contain a specific clause allowing for an early ending, in which case both parties need to observe the statutory notice period.

If it is the employer who wishes to end the employment prematurely, they will have to obtain permission (either from the UWV or the court, see below). Indefinite contracts are always subject to official dismissal approval.

Zero-hour contracts

Pay attention when it comes to zero-hour contracts. Under these contracts the employee only gets paid for the shifts that he/she is asked to work. This could be, for example, only when there is incidental work available. There are limitations to the freedom that the employer has under these contracts.

For example, each time an employee is asked to work, even if it's for only one or two hours, a minimum of three hours salary has to be paid. After six months an obligation to continue salary payments arises and the employee may claim a fixed-hours salary, based on the average amount of hours the employee has been working over the past three or more months.

From temporary to indefinite - the "contract chain"

Dutch employment law aims to stimulate the transition from temporary into indefinite employment.

It does this by stipulating that an indefinite contract exists by operation of law after three contracts have been issued with interruption periods between contracts of no longer than six months - a fourth contract then automatically becomes indefinite. Or after three years of being in service - after which the employee is considered to be in indefinite service by operation of law.

Trial period

No probation period is allowed for contracts of less than six months. For contracts between six months and two years, a probation period of one month is allowed. For indefinite contracts or contracts of more than two years, a maximum probation period of two months is allowed.

Notice period

Notice is given per the end of the month. The length of notice an employee receives is dependent upon how long they have been working for the company. A one month notice period needs to be given to employees who have been in service for less than 5 years, two months for employment of 5-10 years, three months for 10-15 years and four months for an employment service of longer than 15 years.

For the employee, this is different. If an employee wishes to leave a job the notice period is usually one month. If that notice period is extended, which needs to be done in writing (in the contract) and for a period of no longer than six months, the notice period for the employer should be double the notice period of the employee.

Non-competition clause

Non-competition clauses are, in principle, no longer allowed in temporary contracts. If there is a need to incorporate one nonetheless, the rule of exception is that it has to be accompanied by a detailed explanation and tailored to the specific function. Due to the complexity of this rule, it is well advised to consult a legal specialist.


Employers should be aware, that under Dutch law, an employee who becomes sick has the right to the continuation of their salary payment during sickness for a maximum of two years.

Ending a contract

A contract can be ended by mutual consent of both parties, usually through a termination agreement. Parties are, within the limits of the law, free to negotiate their termination conditions. Both parties should consult with a lawyer before entering into a termination agreement.

In case of temporary contracts with an early cancellation clause and indefinite contracts, employees may resign, observing the statutory notice period.

Employers may dismiss an employee for a range of reasons, but not without permission from the relevant authorities. In the case of reorganisations due to business economic reasons or after two years of sickness, permission to dismiss an employee needs to be requested from the employee insurance agency UWV.

If the reason to dismiss an employee is based on personal grounds (e.g. dysfunction, or a seriously disturbed employment relationship), then the employer needs to submit a request to the court to dissolve the employment contract.

Immediate dismissal, without the approval of these authorities, is only allowed in cases of gross misconduct of such a nature that the employer cannot be asked to continue the employment relationship. Courts are, however, very strict about accepting such dismissals. It is therefore advisable to contact a legal expert before doing so, or after receiving such a dismissal.

The notification obligation (aanzegtermijn)

Please note, regarding temporary contracts of six months or longer, an employer is obligated to inform the employee at least one month before the end date of their contract whether it will be extended or not. Not doing so is subject to a fine, payable to the employee, of a maximum of one month’s salary, or a pro rata part.

Severance pay (transitievergoeding)

Every employee whose employment service has lasted at least two years and whose employment contract is terminated by the employer, not due to certain reproachable behaviour of the employee, has the right to receive severance pay, the so-called "transitievergoeding", this is 1/6th of the monthly salary received per six months of service for the first 10 years and 1/4th for the years thereafter.

Certain exceptions exist, such as a limitation on the severance pay for small employers (less than 25 employees) and higher severance pay for employees aged 50+.

Please note, severance pay is capped at 75.000 euros.

Van den Heuvel Arbeidsrechtjuristen specialises in Dutch and European employment law, including the employment aspects of alien/immigration law.

You can contact Van Den Heuvel for matters such as the drafting of employment contracts, dismissals, sickness, non-competition clauses, work permits and more. 

Van den Heuvel Arbeidsrechtjuristen


Alexander van den Heuvel


Alexander van den Heuvel

Alex van den Heuvel is an experienced legal expert, graduated cum laude from the University of Utrecht and has a previous professional background of years working for large national and...

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Ginka 20:57 | 16 February 2019

how can one person defend against a company, if they want to get rid of me with all means?

Alex Heuvel 14:57 | 17 February 2019

Dear Ginka, in Holland the law is designed to protect the employee primarily. There are therefore different ways to get the UWV or judge to reject a company's petition for dismissal. If you need assistance and advice, you are welcome to contact my office and explain your issue to me directly, and we can see what we can do. Kind regards, Alex van den Heuvel

PepePerez2 08:22 | 25 May 2020

I have just registered to reply this message that is absolutely misleading. Holland, as the most corrupted country in the EU, a country that pretends and shows that they're so organized and advanced so they claim things like what you say: a permanent contract dismissal has to be approved by a court... wooooww... But the fact is, that any court in Holland, witll approve it; therefore, if you want to stand for your rights, you just have to fight with no less than a whole court that obviously will never retract from their decission, that, please understand, they will have taken with total agreement with the employer who is firing. Then, you'll come to a lawyer that will tell you about your legal rights but after you pay more and more to the lawyer you will se that you will have been wasting your time and money. It's a win win for they whole corrupted system. it's like the Dutch sandwich, treats of pure corrption to the core.

Jose Luis Gomez 08:58 | 29 March 2019

Hello, I have a question, I am a temporary worker in Nederland, I have a contract in phase A, but I want to come back to my country, what i have to do if I want to finish before?

Alex Heuvel 14:25 | 1 April 2019

Dear mr. Gomez, you normally can always resign a phase A temp contract at a manpower company, with the period of notice you should give mentioned in your employment contract. But check the particulars of your employment contract and check with your manpower company what their exact conditions are (usually notice period of a week with phase a contracts). If you need more specific assistance, I would refer you to my office and my office email. Kind regards

SunGreen 16:53 | 16 April 2019

Dear Alex, Thank you very much for a very useful article. I have a question. In the university CAO the notice period for a temporary contract is 3 months for an employee (me). However, I would like to terminate my contract earlier, because I have a new job offer. The HR department said that shortening of a notice period is only possible in consultation with my supervisor. If she disagrees, do I have any other way to leave earlier (even if I need to pay back to university)? Thank you

AvandenHeuvel 17:00 | 16 April 2019

Dear Sungreen, in short the answer is no: the notice period is a legal obligation for both employer and employee. An employee is bound by it, unless the employer agrees to a shorter period. Penalty of violation is payment of the remainder of the notice period. So you could leave earlier, but than they can claim the difference in damages. Kind regards, Alex

SunGreen 17:03 | 16 April 2019

Thank you very much for a clear answer.

Ram Os 03:47 | 1 May 2019

Hello, I have a question, I have a contract for a year, but before I started, the company is telling me that they want to cancel and they are only offering to pay visa expenses, should I ask for missed salary? And how many months would it be OK?

AvandenHeuvel 05:36 | 1 May 2019

If you are still in your trial/ probation period, they can terminate your contract without consequence, if your probation period has passed, they are not allowed to cancel and need court permission, do NOT consent I advise you, seek legal assistance. If you contact me through my office contact information (see my website and email) I can assist you further. Kind regards

AvandenHeuvel 05:44 | 1 May 2019

So crucial question is: do you have a probation period in your contract. If not, they cant cancel and you’d better seek legal assistance. I can take a look at your situation, which would be advisable anyway. If you want that, contact my office please. Kind regards

Ram Os 17:45 | 1 May 2019

Thank you very much for your answer, there is no probation period in the contract, it only specifies to start in February or since I get the Visa to work in The Netherlands. I am still not in The Netherlands to finalize the Visa process

AvandenHeuvel 18:42 | 1 May 2019

if there is no probation, they cannot cancel your contract and may need to pay you a yera’s salary. I strongly advise you to seek legal aud to secure your rughts. You can contect me for that through my office

Náyade Jiménez 19:30 | 13 May 2019

I have been working for my employer since September 2018 with a zero-hour contract. On november 2018 my contract was renewed with termination date: 01-11-2018. I had a misunderstanding with one of my colleagues yesterday night and from my point of view it was not a solid motive of dismissal. The same day I found that all of my shifts for the following week had been removed of the application, that my account of the application had been deactivated, and that I was kicked out of the whatsapp groups where we communicate work issues. I texted my employer asking if I was fired and I had received no answers at all. Is this even legal? Shouldn't I receive a formal notice 1 month in advance of termination of contract? Can I claim them to work this month with the average hours i have been working per month since I have been working for them more than six months? Thank you

AvandenHeuvel 21:05 | 13 May 2019

Dear Nayade, in order to answer your question I would first have to see your employment contract. Your termination date appears strange: in November 2018 they gave you a contract that ended on the first of that same month? Please contact me on my office email ( and then I can take a look at your case and inform you of estimated costs. Kind regards

AdamJohn 21:55 | 14 May 2019

Hi, I came to the Netherlands as a highly skilled migrant around one month ago. I have "REGULIER BEPAALDE TIJD" residence permit and a one year contract with one month probation period. If I terminate my contract within my probation period, am I still eligible to stay in the Nethelands?

AvandenHeuvel 22:04 | 14 May 2019

Short answer: no you are not, since the reason why IND gave you a permit is no longer there: your work at that particular company. If you leave your job or get dismissed, whether within or outside of your probation period, you will have 3 months to find new work, otherwise you definitely lose residence right.

AdamJohn 22:22 | 14 May 2019

Thank you for your answer. So it means I still have 3 months to find a new job, Right? Also I started working for that company 2 weeks earlier than what I signed on the contract. How probation last day will be calculated? From the date that I started working or from the date that is in the contract?

AvandenHeuvel 23:40 | 14 May 2019

Dear Adam, from the day you started working.

juliabbb 11:58 | 3 June 2019

Hi, I’m going to leave my company after a (2 weeks) period of Sickness (anxiety and panic attack Caused mainly but the situation at work) Talking with the arbo advisors they “suggested” me to quit with an agreement. I have a 6months contract that ends in November. Talking with my manager she told me to “think about how I want to leave” but I don’t know which are the possibilities here. There is something that I have/I can negotiate in this situation? Thanks in advance

AvandenHeuvel 12:02 | 3 June 2019

Dear Juliabbb, If you have a fixed term contract it could potentially cost you a lot of money to quit (potential obligation to pay your employer an amount that is equal to salary till November), depending on what is agreed in your contract. Your employer could claim that money in certain cases. I would let myself be guided by a lawyer here to ensure it is not going to cost you (that much) and perhaps communicate with the employer for you. You can contact me at my office (email:

david flores 19:57 | 4 June 2019

Hello Mr.Alex, I have a 1 year contract which it’s ending in end of September and I got plan a surgery beginning of September which will take me at least 3months off from work.. can I get dismissed when my contract it’s over(end of September) even if I’m off sick? Or they need to wait for me to get back from my surgery? Thanks

AvandenHeuvel 10:03 | 5 June 2019

Dear David, I will need to see your employment contract just to be sure. You can contact my office (email: )

Tsvetomira Nekova 22:32 | 13 June 2019

Dear Alex, if you had 3 contracts and last one is expiring within 3 weeks, does it mean you have automatically already got into permanent contract with same conditions as your last temporary contract? Thanks a lot in advance for your advise!

AvandenHeuvel 10:22 | 14 June 2019

The 4th contract is automatically a permanent one, or after 2 years service, at 2 year and 1 day you are automatically permanent

Supriyam Srivastava 10:03 | 18 June 2019

What can be the complications if I signed the fixed term offer on mail from a company but due to some reason I can not join the company. What can a be the issues if I decline the offer before joining?

AvandenHeuvel 08:56 | 18 June 2019

Dear Supriyam, that depends on what you agreed in the contract. If you wish you can contact me on my office email and send over the contract. Then I'll read it and tell you

Nicco Komono 14:38 | 10 July 2019

Hi Alexander, I have a temporary contract which should be automatically renew it at the termination (very soon), now I didn't sign any new contract, so if somehow I would like to quit on my last day shall I still need to give a resignation letter to the company? thanks in advance Best regards

AvandenHeuvel 12:27 | 17 July 2019

Dear Nicco, for legal advise you can contact my office (email), and than I can see what I can do. Regards

Pao Constance 15:16 | 10 July 2019

Hi Alexander, I am in my second temporary contract with a company and I received another offer from another company which is better. Can I end my temporary agreement ?

AvandenHeuvel 12:27 | 17 July 2019

Dear Pao, for legal advise you can contact my office (email). then I can see what I can do

Elisy@ 13:42 | 19 August 2019


Loki85 23:26 | 21 August 2019

Hi Alex, I have 2 and half months left on a 6 month contract. The work is causing me mental anguish to the point of anxiety attacks and burnout. The CEO sets unrealistically high expectations and I finally stood up against them and set my own boundaries for my role. This has resulted in getting the cold shoulder from her and ultimately lead to her hiring an HR person to 'help' resolve this. I am told she wants to end the contract early. One thing in the contract were stock options on a vested schedule that was never issued to me. The contract stated these stock options would be issued in a STAK within 2 months of the contract being signed but they never were. I took the job at a much lower salary with the promise of this stock. If I do go for a termination agreement. What are my rights in asking for compensation for the stock options that were promised but never issued? Is she in breach of contract in that regard too? Thanks for any advice you can offer.

Jess_21 15:23 | 14 November 2019

Good evening, if during my month of notice if I am sick, the employer is obliged to pay me until the last day of notice? Does it change if the company is a retail?

Lulu Kruger 19:05 | 15 November 2019

Hi Alex, My partner's contract is ending the end of November. He was given a letter to state that he is exempted from work as from the date of signing that letter during October and he need not come into the office anymore. They said he must use that time to search for another position. He still has the use of the company lease vehicle and laptop to aid him in his search. Can he start working for another company if he finds employment before the end of November? I hope you can assist.

AvandenHeuvel 10:40 | 19 November 2019

Dear Lulu, For personal legal advice you can contact me at my office. Drop me an email and I can see what I can do for you. Kind regards

Barbara Alves B... 20:41 | 20 November 2019

Hi, I had a 3rd extension of 5 months in order to reach the max length of 2 years in my company, however i would like to leave my company before the end of my contract. My first contract of 7months mentioned a 2 months notice and throughout the next 2 contracts. On my (5 months) contract mentions "other terms and conditions of employment remain unchanged ". As I have a 5 month contract is that still applicable or by given 1 month is enough? * My new contract started on the beginning of this month * Found another job thank you

AvandenHeuvel 21:59 | 20 November 2019

Dear Barbara, thank you for contacting me. For personal legal advice you are welcome to contact my office. Regarding the fee for my services, please advise my website. Kind regards,

ExpatZ 18:27 | 21 November 2019

My contract ended last month and I got all my invoices in on time and approved well before the due dates but my accountant tells me the agency has not sent payment (today was payday) and claims that if there is a mistake they will not pay out until next months pay cycle, what can I do and what can I claim?

AvandenHeuvel 14:18 | 25 November 2019

Dear mr./ms., thank you for contacting me. For personal legal advice you are welcome to contact my office. Regarding the fee for my services, please advise my website. Kind regards,

anam83 14:58 | 4 December 2019

Good afternoon Mr. Van den Heuvel. I have two questions: 1-I work in a hotel since 8 January 2018, I had 3 renewals the last of which will expire on 7 March 2020, which means 2 years and 2 months contract. Can my contract be considered for an indefinite period of time at the end of the second year of work? 2-What can I do if my employer does not pay or pays only part of the illness? Thank you for your time.

AvandenHeuvel 14:06 | 10 December 2019

Dear mr./ms., thank you for contacting me. For personal legal advice you are welcome to contact my office. Regarding the fee for my services, please advise my website. Kind regards,

somac 20:08 | 18 December 2019

Thanks for your help and support. I resigned from my present job for some personal concerns after getting a job with Employer “A” in a different city. Presently I am serving the notice period in my present employment. My employment contract with Employer “A” states “First two months is Probation period”. I have already accepted and signed the contract with Employer “A” which starts after my employment contract ends with my present employer. If I get another job (Employer “B”) in my city and accept that offer with a joining date before the 2 months’ probation period ends with Employer “A”, Question 1: Can I terminate the employment contract of Employer “A” without notice within 2 Month (probation period) and start with Employer “B” and continue without any legal problem or impact on our residence and work permit in Netherlands? Question 2: Before I start with Employer A, Can I inform Employer “A” that I do not want to start with Employee “A” ,without any possibilities of legal consequences ?

AvandenHeuvel 09:33 | 20 December 2019

Dear mr./ms., thanks for turning to me for advice. Your situation may legally be a bit complicated, especially since there seems to be residency/workpermit rights involved. I would have to look into your situation. You can contact me through my office (email /tel.). For me fee, please consult my website. Kind regards.

BenceM 12:33 | 16 January 2020

Hello! I would lke to ask, if my phase B contract was ending in 29.12.2019., but my employer just sent me my next contract today (16.01) with a starting date 29.12.2019. it means actually, that i was working without contract till today. Which rights I have in this case? Regards.

AvandenHeuvel 12:18 | 21 January 2020

Dear mr./ms., thanks for turning to me for advice. I would have to look into your situation. You can contact me through my office (email /tel.). For my fee, please consult my website. Kind regards.

Agyakotutu@1 23:39 | 27 January 2020

Hello Mr. Alex,I have a fast contract with a company for 13yrs and I have been sick for 1 and half now back to work with 4 hours working but it seems my company want to sack me from working by claiming I can't do my work anymore. What should I do or can I get compensation if they forcibly stop me.thanks

AvandenHeuvel 13:54 | 28 January 2020

Dear mr./ms. Agyakotutu, they will have to get court permission to fire you. You have the right to submit a defense and I would certainly advise you to do that if you do not agree to your dismissal, especially since then you can claim compensation. You can contact me via my office email and we can discuss your situation and what I can do for you. Kind regards

amby_ashraf 16:07 | 28 January 2020

Hello, I have a question. I worked as a freelancer from Pakistan (hourly basis) for an employer in Netherland, I had a contract as per dutch law. I got a new job so i resigned and asked my employer to waive my notice period of 2 weeks. He agreed and my contract ended and i got Verification Letter/Experience letter from my employer. Now the issue is that they are not clearing my salary for the hours i worked for them in September'19 and October'19 (half month). I had been sending them emails and trying to contact them but not receiving any reply. Currently I am living in Germany. I want to know if there is anything can be done to get my salary from a company in Netherland? Thank you!

AvandenHeuvel 15:06 | 31 January 2020

Dear mr./ms, Thank you for contacting me. I could send them a letter on your behalf demanding they pay you owed salary and see if that helps. Otherwise you need to go to court to get a court order. You can contact my office if you wish to proceed (my office email) and then we can discuss what I can do for you. Kind regards

Zakarioks 11:14 | 28 February 2020

Thank you for so quick answer. I try first talk nice with the employer maybe we can came w peaceful agreement. But maybe I can get some people email address or something that if is go wrong I can contact them . Thank you guy's this page is GREAT!

Zakarioks 10:57 | 28 February 2020

Hello Alex. I start working in Nov. 1 /2019 with 6 month contract, but after 4 month I want to quit so I give my resignation letter at 13th of February and talk to the employer that I work till the end off the month and from there I take 2 weeks holiday that I have after working 4 month. But I didn't write it down ,we tack. So my question is or this is legal by the low and or employer have to pay my for my holiday? I have 24 days holiday on the contract per year

RichelleG 09:33 | 17 March 2020

Is an employee obligated to give a reason for leaving? Or sign the acceptance letter of their resignation?

Natalia Donner 09:39 | 23 March 2020

Dear Alex, Thank you for such an interesting article. I have one question: in the case of a 6-month contract with a company in which there is a termination agreement to continue paying the salary for the full-length of the contract, what happens if I find another job and the starting day is earlier than the termination of my termination agreement? Can I break the termination agreement with the previous company and get the job in the new one? Thanks for the advice.

AvandenHeuvel 09:41 | 30 March 2020

Dear Natalia, thanks for turning to my office for advice. You can email me to my work email. Kind regards

Just Jeck 22:10 | 18 April 2020

Good day, I just received an email of "Official Warning" because somebody reported me or accused me of doing something that i never did.. It says there that they are gonna put it on my personal files of my employment.. Well, i've never received any call nor nobody told me about that issue before i received the email.. I didn't even sign any of it!! What should i do about those false accusation and send an Official Warning without my concern?

AvandenHeuvel 22:05 | 21 April 2020

Desr mr. Jeck, thanks for contacting me. You can call or email me to my office and we can discuss your case. Kind regards

RenegadeShinobi2 09:22 | 17 March 2021

Hello All I have a question regarding the notice period, on my contract I have a notice period of 1 month prior to my contract expiring the company did not do this. Not only did they not send me a notification per email or letter they said this to me in person. Also I received the notice 3 weeks before my contract expires what would be the next steps regarding this with the company ? I am still waiting on a written notice from them.

AvandenHeuvel 12:38 | 18 March 2021

Dear mrs. Renegade, thanks for contacting me. You can email me to my office and we can discuss your case. Kind regards

Joanady89 22:34 | 17 March 2021

Hi just want to ask a question. I'm on my last contract to getting another contract but then I decided not to take them so if I tell my employer I do not want to have a new one do I have the right for UWW or only if my employer decide not to give me any new contract then I can ask unemployment. TIA

AvandenHeuvel 12:38 | 18 March 2021

Dear mrs. Joan Ady, thanks for contacting me. You can email me to my office and we can discuss your case. Kind regards

MariaP2 15:24 | 8 April 2021

Hello, I would like to know what kind of procedure should I follow? I have a signed contract from a company (by both parties) but some days ago they called me to say that they no longer have budget the position. Do I have any kind of right?

VasileiosTsiavos2 13:57 | 8 July 2021

Hello, I would like to ask you something. I have vast contract for 4 years now, I reported sickness 2 weeks because of the constant pain . I talked with company doctor and he decided that I can do adjusted work. But I don't agree with his decision. Today they called me and they said if I will not agree with this adjusted work they can stop my salary. Is it true ? Can they do it?

KatarzynaMalenk... 13:30 | 13 December 2021

About a week ago i have signed a contract with polish employment agency. The administration turned out to be absolutely awful, and housing is not up to SNF norms. I have already filed an official complaint to SNF about the housing. I am now looking for a different agency, but the problem is, that every person that signs a contract is forced to sign a separate contract for the housings. In this separate contract there is a point claiming that anyone who terminates the contract before it’s expiration date, has to pay for the next 4 weeks of housing, even tho they have left the accommodation, and are not living there anymore. For all 4 weeks it is an amount of almost 500€. Is there a way for me to come around it? Can i use the bad quality of housing as a reason to refuse to pay? In Polish law there is a point saying that you can cancel any kind of contract without consequences within a week if it was signed personally, and within two weeks if it was signed electronically. Is there something similar in dutch law?

AvandenHeuvel 13:26 | 14 December 2021

Dear ms. Malenk, Thank you for contacting me. Could you contact my office email with your question? Than I can take a look. Thank you

clacarli 10:27 | 14 January 2022

Dear Alex, I am in a loophole and I cannot find the answer, nor can my HR and Municipality in NL. I have sold my house in the NL on the 30th December but have left on the 16th Dec when things were not at all confirmed yet. I also signed a termination agreement with my Dutch employer on the 3rd January which includes 3 months garden leave, so up to the 31st March. I have to deregister from Haarlem municipality but I have not done it so as that means I will have no address in the Netherlands during my last three months of employment. I asked both HR and the municipality but they are not sure (municipality just say I should deregister), do you think I can deregister with the house sales date (so retroactively) and keep receiving the garden leave and remaining bonus (within a month after termination) without a Dutch address? If not, what are my choices? Registering at other’s address will create tax consequences for both the co-registered person and myself. Right?

AnaMartinez2 11:18 | 3 February 2022

Thanks for the useful information! However, I was wondering what the notice period is for rescinding an accepted and signed offer when you still haven't started working (when you change your mind for whatever reason: personal circumstances that prevent you to start working in that company, you were parallelly in another interview process and have been offered a better position, etc.). In my case, I have been in 2 separate interview processes for 2 different job offers. The first process was faster and I was offered the job in a matter of days, so I decided to accept their offer and sign the contract as I didn't hear from the other one and was not sure if I would get it. Later on, I have been informed that I have also passed the other interview to the next stage: a final interview, and looks like I might get the job. This last one has better conditions (higher salary and permanent contract versus a project-based short contract and low salary for the first position), so I am understandably interested in taking this last interview and start working there. However, I already signed the contract for the first offer, in which is stated that both trial and notice periods are the standard 1 month. Nevertheless, nothing is mentioned about termination of contract before commencement of employment, which is not supposed to happen until next month. Therefore, there is still some time for both parties to sort something out in the event that I finally get the other position, so that I can inform the company asap in order for them to find somebody else and are not left out with nobody last minute. In Germany I remembered you have by law 2 weeks after you sign a contract, but I haven't found anything specific information about the Netherlands. Should I take the 1 month as the notice even when I haven't started? What should be the right approach to it to avoid penalties? Or is it rather common that the company will appreciate the honesty and fast response and would just let me go without posing much problem? Any input about that would be more than welcome, thanks!

MonicaOchoa2 12:57 | 7 October 2022

Im in the second phase of Temp contract. For no valid reasons except some personal disagreement with my boss I have been terminated. They are giving me a “settlement” to pay me monthly until Feb 2023 but if I find a hob they stop with the payment. Is this legal? Why wouldnt they give the full severance since my contract expires in Feb 2023?

AvandenHeuvel 15:36 | 11 October 2022

Dear ms. Monica, you do not need to agree to dismissal via a settlement agreement. A settlement agreement is not a dismissal, it is where you voluntary agree to leave for a small price. The employer needs court permission to dismiss you, so you can say no, go to court. At court you can defend yourself and perhaps ensure that the judge does not give permission, so you can keep your job. If you want me to assist in a possible court defense (if you were to say no to a settlement agreement and they then go to court to start a dismissal procedure), you can email or call my office. If you decide you want to agree to terminate your job voluntary I would advise you to hire a legal expert to do these tricky and very legal negotiations on your behalf. I can do that as well and you can contact my office.

YarimIvet2 22:11 | 11 December 2022

Hi Alexander, thank you for your awesome work. I am in a situation where I signed a contract ~2 months ago with a starting date of 5/January/2023. I already have a mvv visa(valid until beginning of February) but I have not yet collected my residence permit. A week ago my employed decided to cancel the contract because of some financial problems he is having. At this point I talked to another recruiting company which is almost sure to get me hired with a start date 09/January/2023. This is only possible if I'm still available in a short notice(which I am). Going through the IND site I read about the 3 month search period for which If I were eligible I could come to the Netherlands, find a place to stay and switch employer. Do you think I have a good understanding? Do you think I am eligible for such period even if my contract never "technically" started ? Thank you in advance!

AvandenHeuvel 17:17 | 13 December 2022

Dear Yarim, thank you for contacting me. Perhaps you could contact my office via my office email. I could then schedule a consult with you to discuss your issue and advice you on this, and perhaps related questions you may have. My services and advice are however not for free, so take that into account. Kind regards

DominiqueGarlick2 22:26 | 22 December 2022

Hi Alex. I am in permanent employment in my current job. In June I signed for a leased car which was meant to be delivered November. The delivery date then got moved to July next year. I have now been offered a new job and resigned at my current office. They now state I must pay the costs of cancelling the leased car (still undelivered) I checked my contract quickly and it doesn’t state anything as such. Today I got sent the termination contract and it states “employee to cover lease cancellation costs”. I haven’t signed it yet. Is this common practice. It’s a significant amount of money

AvandenHeuvel 22:18 | 27 December 2022

Dear mr. Garlick, thank you for contacting me. Perhaps you can email me to my office email and we can schedule a consult? From what you tell me I see more possible issues you need to be careful with than just the car. Meantime don't sign anything (you are not obliged) Kind regards,

constanzafuenzalida2 23:14 | 7 June 2023

Hi Alex! I want to ask you the following: what happen if I quit my job without notice? Because I have an another job offer and they need to start already. My actual contract is for seven months. Thank you!

Annalisaiuracà2 16:31 | 21 November 2023

Hi Alexander, thank you for the insightful article. I have a thorny question: I have signed an employment contract, however I would like to terminate it before commencement of employment. Is that allowed?