Notice Of Non Renewal Of Employment Contract Template for the Netherlands

When your fixed-term employment contract approaches its end date in the Netherlands, your employer must provide you with formal written notice if they decide not to renew your contract. This Notice of Non-Renewal of Employment Contract is not just a courtesy—it's a legal requirement that protects both your rights as an employee and your employer's compliance with Dutch labor law.

When do you need this document?

You need this document whenever you're an employer in the Netherlands deciding not to renew a fixed-term employment contract. The Dutch Civil Code Article 7:668 mandates that you must provide this notice at least one month before the contract's expiration date. This applies to all fixed-term contracts, whether they're for three months or three years. Without proper notice, your contract may automatically renew for an indefinite period, which could have significant legal and financial implications for your business. The notice is also required when you've had successive fixed-term contracts with the same employee and decide not to offer another renewal.

Key legal considerations

Several critical legal elements must be addressed in your non-renewal notice. First, you must clearly reference the existing contract details, including start and end dates, to avoid any confusion about which agreement you're addressing. Your notice must explicitly state that the contract will not be renewed and confirm the final working day. If the employee has worked for 24 months or more under fixed-term contracts, you may need to provide information about transition payments (transitievergoeding) as required by the Work and Security Act. Additionally, you must ensure your decision isn't based on discriminatory grounds covered by the Equal Treatment Act, such as gender, age, religion, or ethnic background. Include arrangements for final wage payments, accrued vacation days, and the return of company property to ensure a smooth transition.

Legal requirements in Netherlands

Under Dutch employment law, your Notice of Non-Renewal must comply with specific formatting and content requirements. The document must be in writing and delivered through a verifiable method, such as registered mail or personal delivery with receipt confirmation. Your notice must include your company's full legal details, the employee's complete information, and clear contract references. The timing requirement under Article 7:668 is non-negotiable—failure to provide at least one month's notice can result in automatic contract renewal or potential compensation claims. If your employee has worked under successive fixed-term contracts totaling 24 months or more, you must also consider transition payment obligations under the Work and Security Act. Additionally, maintain detailed records of the notice delivery, as you may need to prove compliance with notification requirements if legal disputes arise. The Written Statement Directive Implementation Act also requires that all employment communications be clear and comprehensive, ensuring employees understand their rights and next steps.