Terminated Contract for the Netherlands

Terminated Contract Template for Netherlands

This document serves as a formal agreement for the termination of employment under Dutch law, incorporating all necessary elements required by the Dutch Civil Code and relevant employment legislation. It outlines the terms and conditions of the employment termination, including the termination date, financial settlements, statutory payments, and ongoing obligations of both parties. The document ensures compliance with Dutch employment protection regulations, including the Work and Security Act (Wet Werk en Zekerheid) and the Balanced Labour Market Act (Wet Arbeidsmarkt in Balans), while providing clear arrangements for the conclusion of the employment relationship and any post-termination obligations.

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What is a Terminated Contract?

The Terminated Contract document is essential for properly concluding employment relationships under Dutch law. It is used when an employer and employee agree to end their employment relationship or when termination occurs through other legal means. This document incorporates mandatory requirements from Dutch employment law, including notice periods, transition payments (transitievergoeding), and specific termination grounds as required by the Dutch Civil Code. The agreement protects both parties' interests by clearly documenting the termination terms, financial settlements, and ongoing obligations. It's particularly crucial in the Netherlands due to the strict employment protection regulations and the formal requirements for valid termination. The document should be used in conjunction with legal advice to ensure compliance with current Dutch employment legislation and any applicable collective labor agreements (CAOs).

What sections should be included in a Terminated Contract?

1. Parties: Identification of the employer and employee with full legal names and addresses

2. Background: Brief history of the employment relationship, including start date and current position

3. Definitions: Key terms used throughout the agreement

4. Termination Date: Clear statement of when the employment relationship will end

5. Grounds for Termination: Legal basis for the termination under Dutch law

6. Final Settlement: Details of final salary, benefits, and statutory transition payment (transitievergoeding)

7. Company Property: Requirements for returning company assets and documents

8. Confidentiality: Ongoing obligations regarding confidential information

9. Full and Final Settlement: Mutual release of claims and waiver of rights

10. Governing Law: Confirmation that Dutch law governs the agreement

11. Signatures: Execution blocks for both parties

What sections are optional to include in a Terminated Contract?

1. Garden Leave: Used when employee is placed on garden leave during notice period

2. Non-Competition and Non-Solicitation: Include if existing restrictive covenants are to be maintained or modified

3. Reference and Communications: Include when parties agree on specific terms about employment references and internal/external communications

4. Legal Assistance Costs: Include when employer agrees to contribute to employee's legal costs

5. Share Options/Benefits: Include when addressing treatment of outstanding share options or benefits

6. Outplacement Support: Include when employer provides career transition assistance

7. Tax Indemnity: Include when specific tax arrangements are made

8. Post-termination Assistance: Include when employee agrees to provide assistance with handover or future queries

What schedules should be included in a Terminated Contract?

1. Schedule 1 - Financial Settlement: Detailed breakdown of all financial elements including salary, benefits, and statutory payments

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

3. Schedule 3 - Employee Benefits Overview: Summary of treatment of various benefits post-termination

4. Appendix A - Resignation Letter: Standard form resignation letter if termination is structured as a resignation

5. Appendix B - Certificate of Service: Official employment reference document

6. Appendix C - Data Privacy Statement: Statement regarding handling of personal data post-termination

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

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Relevant Industries

Technology

Financial Services

Manufacturing

Retail

Healthcare

Professional Services

Construction

Education

Telecommunications

Energy

Transportation

Media and Entertainment

Real Estate

Hospitality

Agriculture

Pharmaceutical

Relevant Teams

Human Resources

Legal

Finance

Operations

Sales

Information Technology

Marketing

Research and Development

Administration

Production

Customer Service

Business Development

Compliance

Risk Management

Relevant Roles

Chief Executive Officer

Human Resources Director

Legal Counsel

Department Manager

Senior Executive

Financial Controller

Operations Manager

Sales Director

Technical Lead

Project Manager

Account Manager

Software Developer

Marketing Manager

Research Scientist

Administrative Officer

Production Supervisor

Customer Service Representative

Business Analyst

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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