The Pre-Termination Notice is a crucial document in Dutch employment law that initiates the formal process of employment termination. It is typically used when an employer has determined that continued employment is no longer viable and wishes to proceed with termination in accordance with Dutch legal requirements. The document must be drafted carefully to ensure compliance with the Dutch Civil Code and related employment regulations, including proper specification of termination grounds, notice periods, and any applicable transition payments. The Pre-Termination Notice serves as the first formal step in the termination process and may be required for various reasons such as business economic grounds, performance issues, or organizational restructuring. It should be prepared with input from legal and HR professionals to ensure all statutory requirements are met and the employee's rights are properly addressed.
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1. Sender Details: Full company name, address, and registration details of the employer
2. Recipient Details: Employee's full name and address
3. Date: Date of the notice
4. Subject Line: Clear indication that this is a pre-termination notice
5. Employment Details: Current position, start date, and relevant employment terms
6. Notice of Intended Termination: Clear statement of the intention to terminate the employment relationship
7. Grounds for Termination: Specific legal grounds for termination under Dutch law
8. Notice Period: Specification of the notice period and proposed final working day
9. Next Steps: Information about the process moving forward and any immediate actions required
10. Signature Block: Authorized representative's name, position, and signature
1. Reference to Prior Communications: Include when there have been previous discussions or warnings about termination
2. Transition Payment Details: Include when employee is eligible for transition payment under Dutch law
3. Garden Leave Provisions: Include when employee will be placed on garden leave during notice period
4. Works Council Reference: Include when works council has been or needs to be consulted
5. Alternative Position Offers: Include when alternative positions within the company are available
6. Performance Issues: Include when termination is based on performance-related grounds
7. Economic Reasons: Include when termination is based on business economic reasons
1. Overview of Outstanding Benefits: List of accrued benefits, vacation days, and other entitlements
2. Calculation of Final Payment: Detailed breakdown of final salary, transition payment, and other compensations
3. Supporting Documentation: Relevant documentation supporting the grounds for termination
4. Handover Instructions: List of ongoing projects and responsibilities requiring handover
5. Company Property List: Inventory of company property to be returned
Relevant legal definitions
Company (Werkgever)
Employee (Werknemer)
Employment Agreement (Arbeidsovereenkomst)
Notice Period (Opzegtermijn)
Termination Date (Einddatum)
Final Working Day (Laatste Werkdag)
Transition Payment (Transitievergoeding)
Works Council (Ondernemingsraad)
UWV
Garden Leave (Vrijstelling van werk)
Collective Labor Agreement (CAO)
Grounds for Termination (Ontslaggrond)
Outstanding Benefits (Openstaande vergoedingen)
Company Property (Bedrijfseigendommen)
Confidential Information (Vertrouwelijke informatie)
Professional Role (Functie)
Handover Period (Overdrachtsperiode)
Final Settlement (Eindafrekening)
Notice of Objection (Bezwaarschrift)
Statutory Requirements (Wettelijke vereisten)
Employee (Werknemer)
Employment Agreement (Arbeidsovereenkomst)
Notice Period (Opzegtermijn)
Termination Date (Einddatum)
Final Working Day (Laatste Werkdag)
Transition Payment (Transitievergoeding)
Works Council (Ondernemingsraad)
UWV
Garden Leave (Vrijstelling van werk)
Collective Labor Agreement (CAO)
Grounds for Termination (Ontslaggrond)
Outstanding Benefits (Openstaande vergoedingen)
Company Property (Bedrijfseigendommen)
Confidential Information (Vertrouwelijke informatie)
Professional Role (Functie)
Handover Period (Overdrachtsperiode)
Final Settlement (Eindafrekening)
Notice of Objection (Bezwaarschrift)
Statutory Requirements (Wettelijke vereisten)
Clauses
Notice Period
Grounds for Termination
Final Settlement
Return of Company Property
Confidentiality
Non-Competition
Non-Solicitation
Handover of Duties
Garden Leave
Outstanding Leave
Transition Payment
Final Salary Payment
Company Benefits Termination
Reference Provision
Data Protection
Continuing Obligations
Legal Rights Reservation
Works Council Consultation
Objection Rights
Full and Final Settlement
Grounds for Termination
Final Settlement
Return of Company Property
Confidentiality
Non-Competition
Non-Solicitation
Handover of Duties
Garden Leave
Outstanding Leave
Transition Payment
Final Salary Payment
Company Benefits Termination
Reference Provision
Data Protection
Continuing Obligations
Legal Rights Reservation
Works Council Consultation
Objection Rights
Full and Final Settlement
Relevant Industries
Financial Services
Technology
Manufacturing
Retail
Healthcare
Professional Services
Education
Construction
Logistics
Telecommunications
Energy
Media and Entertainment
Real Estate
Hospitality
Non-Profit Organizations
Relevant Teams
Human Resources
Legal
Compliance
Senior Management
Operations
Administration
Employee Relations
Corporate Services
Risk Management
Relevant Roles
HR Director
HR Manager
Legal Counsel
Employment Lawyer
HR Business Partner
Personnel Administrator
Compliance Officer
Department Manager
Line Manager
Chief Human Resources Officer
HR Operations Manager
Employee Relations Manager
HR Specialist
General Counsel
Managing Director
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