It is possible to terminate an employment contract while maintaining the right to unemployment benefits through a comparison contract. It is an agreement in which two or more parties enter into a binding agreement for the prevention or resolution of a dispute. For example, an agreement between the employer and the employee on the termination of an employment contract (dismissal). The agreement states in writing the terms of the dismissal. The Dutch Civil Code describes the transaction treaty (Book 7, Articles 900 to 906). Another term often used is the termination contract. In order to obtain the right to unemployment benefit, it is no longer necessary to go through a judicial proceeding (cantonal court) or a procedure with the Institute for Social Protection of Workers (UWV). However, it is expected that the text of the agreement will be drafted correctly and that the appropriate termination period for the employer will be taken into account. Our “dismissal specialists” can help you establish or verify the correct text and determine the termination time to consider. There is no legal obligation for the employer to compensate the legal costs incurred by the employee in order to have the dismissal contract verified by a lawyer.
A valid termination contract can be entered into without the participation of a lawyer. However, if the worker enters into the contract without assistance and without legal advice, the worker may, at a later date, argue that he does not fully consider the legal consequences of the agreement and that he is trying to cancel the agreement. To avoid this risk, many employers offer compensation for the lawyer`s fees incurred by the worker to review the termination contract. The employer often offers an amount of about 750 euros. This should normally cover the costs associated with an appropriate review of the termination contract. Under Dutch law, it is necessary for the termination contract to be concluded in writing. Otherwise, the employer cannot demand that the employment contract be effectively terminated and the employee may demand wages. If you have questions about termination of employment under Dutch law or other labour law matters in the Netherlands, please contact: Please note that Dutch law provides that there is in principle a ban on termination of employment during a worker`s illness.
If the sub-district court does not terminate the employment contract, the employer may, within three months of the decision of the Sub-District Court and also the Supreme Court, go to the Superior Court to appeal the decision. If the sub-district court annuls the employment contract, the worker may ask the higher court to cancel the dismissal and grant appropriate compensation (except the transitional tax) within three months of the sub-circumscription court`s decision. Within three months of the Sub-Circumscription Court`s decision, the sub-district court`s judgment can be challenged in the Supreme Court and the Supreme Court.