Separation Notice for the Netherlands

Separation Notice Template for Netherlands

A Dutch Separation Notice (beëindigingsovereenkomst) is a formal legal document that establishes the terms and conditions for terminating an employment relationship by mutual agreement under Dutch law. The document outlines the specific arrangements between an employer and employee, including the termination date, financial settlements, treatment of benefits, and any post-employment obligations. It must comply with Dutch employment legislation, particularly the Work and Security Act, and include mandatory elements such as the 14-day statutory reflection period. The document serves as a binding agreement that protects both parties' interests and ensures a clear understanding of the separation terms.

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What is a Separation Notice?

The Separation Notice (beëindigingsovereenkomst) is a crucial document in Dutch employment law used when an employer and employee agree to end their employment relationship by mutual consent. This document is typically used in situations where both parties prefer to avoid the UWV permit procedure or court proceedings for termination. The agreement must comply with Dutch employment law requirements, including the mandatory 14-day reflection period during which the employee can revoke their consent without stating reasons. The document includes essential information such as the termination date, financial arrangements, benefit considerations, and any post-employment obligations. It serves as a legally binding agreement that provides clarity and certainty for both parties while ensuring compliance with Dutch employment regulations and protecting both parties' rights and obligations.

What sections should be included in a Separation Notice?

1. Header Information: Date, employee name, employer details, and reference number

2. Confirmation of Employment Details: Current position, start date, and length of service

3. Reason for Separation: Clear statement of the grounds for employment termination

4. Termination Date: Specific date when employment relationship will end

5. Financial Settlement: Details of final salary, notice period payment, and any additional compensation

6. Holiday Entitlement: Treatment of accrued but unused holiday days

7. Company Property: List of items to be returned and by when

8. Statutory Reflection Period: Mandatory clause stating the 14-day reflection period

9. Final Settlement Statement: Overview of all financial aspects including salary, bonuses, and deductions

10. Signature Block: Space for both parties to sign and date the agreement

What sections are optional to include in a Separation Notice?

1. Non-Competition Clause: Include when maintaining existing or establishing new non-compete restrictions

2. Confidentiality Provisions: Include when specific confidentiality obligations need to be maintained post-employment

3. Reference Agreement: Include when parties agree on the content and format of future employment references

4. Outplacement Support: Include when the employer provides career transition assistance

5. Pension Arrangements: Include when specific pension-related matters need to be addressed

6. Share/Option Schemes: Include when employee participates in company share or option schemes

7. Legal Fee Contribution: Include when employer agrees to contribute to employee's legal advice costs

8. Mutual Release Clause: Include when parties agree to waive future claims against each other

9. Communications Protocol: Include when parties agree on how the departure will be communicated

What schedules should be included in a Separation Notice?

1. Schedule 1: Final Payment Calculation: Detailed breakdown of all financial elements including salary, bonuses, and deductions

2. Schedule 2: Company Property List: Itemized list of company property to be returned

3. Schedule 3: Outstanding Benefits: List of any benefits and their treatment post-termination

4. Appendix A: Handover Document: Template for documenting handover of responsibilities

5. Appendix B: Reference Template: Agreed format and content of employment reference if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Netherlands

Publisher

Genie AI

Cost

Free to use
Relevant Industries

Technology

Financial Services

Manufacturing

Retail

Healthcare

Professional Services

Education

Construction

Hospitality

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Energy

Transportation

Media and Entertainment

Real Estate

Non-profit Organizations

Public Sector

Relevant Teams

Human Resources

Legal

Compliance

Payroll

Employee Relations

Executive Leadership

Finance

Administration

Risk Management

Relevant Roles

HR Director

HR Manager

Legal Counsel

Employment Lawyer

HR Business Partner

Compliance Officer

HR Administrator

Payroll Manager

Benefits Manager

Employee Relations Manager

HR Operations Manager

Chief Human Resources Officer

General Counsel

Chief Legal Officer

Personnel Administrator

HR Coordinator

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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