The Termination Due To Unauthorised Absence document is a critical legal instrument used in Dutch employment contexts when an employee has failed to attend work without proper authorization or valid justification. This document should be used when an employee has been absent without notice or permission for a significant period, and previous attempts to contact or warn the employee have been documented. It must comply with Dutch employment law requirements, particularly the Dutch Civil Code's provisions regarding termination. The document typically includes detailed information about the unauthorized absence periods, communication attempts, prior warnings, and the legal basis for termination. It's essential to ensure all procedural requirements are met, including proper notice periods unless immediate termination is justified under Dutch law due to urgent cause (dringende reden). The document should be prepared with consideration of potential UWV (Dutch Employment Insurance Agency) involvement and possible legal challenges.
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1. Employee and Employer Information: Full legal names, addresses, and relevant employment details of both parties
2. Reference to Employment Agreement: Details of the original employment agreement including start date and position
3. Facts of Unauthorized Absence: Specific dates and circumstances of the unauthorized absence, including any attempted communications
4. Prior Warnings: Documentation of any previous warnings or communications regarding attendance
5. Legal Basis: Reference to relevant provisions of Dutch law and employment agreement regarding unauthorized absence
6. Termination Statement: Clear statement of employment termination, effective date, and whether immediate termination applies
7. Final Settlement: Information about final salary, vacation days, and other outstanding payments
8. Company Property: Requirements for returning company property and timeline
9. Closing: Formal closing including signature block and date
1. Non-Compete Reminder: Include when the employee's contract contains post-employment restrictions that remain valid
2. Confidentiality Obligations: Include when there are specific confidentiality provisions that survive termination
3. Appeal Rights: Include when company policy or works council agreements require mention of appeal procedures
4. UWV Information: Include when the employee might be eligible for unemployment benefits
5. Settlement Agreement Offer: Include when offering a mutual termination agreement as an alternative
6. Medical Examination Option: Include when there's suspicion that the absence might be health-related
1. Absence Record: Detailed log of unauthorized absences and communication attempts
2. Prior Written Warnings: Copies of previous warnings or relevant correspondence
3. Final Settlement Calculation: Detailed breakdown of final payment including salary, holiday pay, and other entitlements
4. Company Property List: Inventory of company items to be returned
5. Relevant Company Policies: Copies of attendance and disciplinary policies referenced in the termination
Relevant legal definitions
Company
Employee
Employment Agreement
Unauthorized Absence
Working Day
Notice Period
Termination Date
Final Settlement
Company Property
Urgent Cause
Prior Warnings
UWV
Works Council
Applicable Law
Collective Labor Agreement
Immediate Termination
Outstanding Payments
Holiday Allowance
Confidential Information
Professional Misconduct
Company Policies
Employment Relationship
Base Salary
Benefits
Employee
Employment Agreement
Unauthorized Absence
Working Day
Notice Period
Termination Date
Final Settlement
Company Property
Urgent Cause
Prior Warnings
UWV
Works Council
Applicable Law
Collective Labor Agreement
Immediate Termination
Outstanding Payments
Holiday Allowance
Confidential Information
Professional Misconduct
Company Policies
Employment Relationship
Base Salary
Benefits
Clauses
Employment Details
Absence Documentation
Prior Warnings
Termination Notice
Legal Grounds
Final Settlement
Company Property Return
Confidentiality
Non-Competition
Post-Employment Obligations
Data Protection
Outstanding Payments
Holiday Entitlements
Pension Rights
Communication Records
Notice Period
Immediate Termination
Employee Obligations
Governing Law
Dispute Resolution
Final Discharge
Reference Provision
Benefits Termination
Social Security
UWV Procedures
Absence Documentation
Prior Warnings
Termination Notice
Legal Grounds
Final Settlement
Company Property Return
Confidentiality
Non-Competition
Post-Employment Obligations
Data Protection
Outstanding Payments
Holiday Entitlements
Pension Rights
Communication Records
Notice Period
Immediate Termination
Employee Obligations
Governing Law
Dispute Resolution
Final Discharge
Reference Provision
Benefits Termination
Social Security
UWV Procedures
Relevant Industries
Manufacturing
Professional Services
Retail
Healthcare
Information Technology
Financial Services
Education
Construction
Hospitality
Transportation
Energy
Telecommunications
Public Sector
Agriculture
Entertainment
Relevant Teams
Human Resources
Legal
Compliance
Employee Relations
Operations
Management
Administration
Corporate Services
Relevant Roles
HR Manager
HR Director
Legal Counsel
Employment Lawyer
HR Business Partner
Personnel Administrator
Employee Relations Manager
HR Operations Manager
Compliance Officer
Department Manager
Line Manager
General Manager
Operations Director
Managing Director
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