This 3 Month Resignation Notice agreement is designed for use in employment relationships governed by Dutch law where an extended notice period is required or desired. It is particularly relevant for senior positions, professional roles, and specialized functions where a longer transition period is necessary for business continuity. The document ensures compliance with Dutch employment legislation, including the Dutch Civil Code and the Work and Security Act, while providing a comprehensive framework for managing the resignation process. It includes essential provisions for notice submission, work obligations, handover requirements, and final settlements, making it suitable for organizations seeking to establish clear protocols for employee departures while maintaining operational stability.
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1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Brief context of the employment relationship and reason for this agreement
3. Definitions: Key terms used throughout the agreement
4. Notice Period: Specific details of the 3-month notice period requirement and how it should be calculated
5. Method of Notice: Acceptable methods for submitting resignation notice and requirements for acknowledgment
6. Employee Obligations During Notice: Duties and responsibilities during the notice period, including handover requirements
7. Employer Obligations During Notice: Employer's responsibilities during the notice period, including payment and treatment
8. Early Release Provisions: Conditions under which the notice period may be shortened or waived
9. Final Settlement: Details regarding final salary, benefits, and outstanding payments
10. Governing Law: Confirmation that Dutch law governs the agreement
11. Signatures: Execution section for both parties to sign and date
1. Garden Leave: Used when the employer may require the employee to stay away from work during the notice period while remaining employed
2. Non-Competition: Include when there are post-employment restrictions on working for competitors
3. Confidentiality: Include when specific confidentiality obligations during and after the notice period need to be emphasized
4. Company Property: Include when there are specific requirements for returning company property
5. Outstanding Bonuses and Incentives: Include when the employee has ongoing bonus schemes or incentive payments
6. Training Cost Repayment: Include when there are provisions for repaying training costs if leaving within a certain period
7. Works Council Provisions: Include when the employee is a works council member or has special representative status
1. Schedule 1 - Employee Details: Detailed information about the employee's position, salary, and benefits
2. Schedule 2 - Handover Requirements: Specific list of tasks and responsibilities to be handed over during the notice period
3. Schedule 3 - Company Property List: Itemized list of company property to be returned
4. Appendix A - Calculation of Final Settlement: Formula and breakdown for calculating final payments
5. Appendix B - Legal Requirements Extract: Reference copy of relevant Dutch legal requirements regarding notice periods
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