The Termination of Contract Form is a crucial document used in the Netherlands when ending an employment relationship, whether by mutual agreement or unilateral decision. This document must comply with Dutch employment law, including the Dutch Civil Code (Burgerlijk Wetboek) and the Work and Security Act (Wet Werk en Zekerheid). It is typically used when employment needs to be terminated for various reasons such as redundancy, performance issues, or mutual agreement. The form includes essential elements like termination date, notice period, transition payment calculations, and final settlement terms. It should be carefully drafted to ensure all legal requirements are met, particularly regarding mandatory notice periods and severance calculations. The document also serves as protection for both employer and employee by clearly documenting the agreed terms and conditions of the employment termination.
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1. Parties: Identification of the employer and employee, including full legal names, addresses, and relevant registration numbers
2. Background: Details of the original employment contract, including start date, position, and any relevant amendments
3. Definitions: Definitions of key terms used in the termination agreement
4. Termination Date: Clear specification of the employment end date and last working day
5. Notice Period: Details of the notice period and how it will be observed or settled
6. Final Payment: Breakdown of final salary, accrued holiday pay, and other outstanding payments
7. Transition Payment: Details of the statutory transition payment (transitievergoeding) calculation and payment terms
8. Company Property: Requirements for returning company property and documentation
9. Confidentiality: Ongoing obligations regarding confidential information
10. Full and Final Settlement: Mutual release of claims and confirmation of settlement
11. Governing Law: Confirmation that the agreement is governed by Dutch law
12. Signatures: Execution blocks for both parties
1. Non-Competition and Non-Solicitation: Post-employment restrictions, if applicable and agreed upon
2. Reference and Communications: Agreement on how the departure will be communicated and reference arrangements
3. Collective Agreement Provisions: Specific provisions required under any applicable collective labor agreement
4. UWV Approval: Required when termination needs UWV approval, such as for economic reasons or long-term disability
5. Legal Assistance Costs: Agreement on payment of legal costs for reviewing the termination agreement
6. Pension Arrangements: Special provisions regarding pension continuation or settlement
7. Share Options/Benefits: Treatment of outstanding share options or other benefits
8. Outplacement Support: Details of any career transition support being provided
1. Schedule 1 - Calculation of Final Payments: Detailed breakdown of all final payments including salary, holiday pay, and transition payment
2. Schedule 2 - Company Property Inventory: List of all company property to be returned
3. Schedule 3 - Outstanding Benefits: Details of any outstanding benefits, bonuses, or commission payments
4. Appendix A - Compliance Checklist: Checklist ensuring all legal requirements under Dutch law have been met
5. Appendix B - Employee Settlement Statement: Formal statement of settlement terms as required under Dutch law
Relevant legal definitions
Agreement
Company
Confidential Information
Contract of Employment
Effective Date
Employee
Employer
Final Settlement Date
Intellectual Property Rights
Last Working Day
Notice Period
Parties
Personal Data
Release
Remaining Holiday Entitlement
Severance Payment
Termination Date
Transition Payment (Transitievergoeding)
UWV
Works Council (Ondernemingsraad)
Company Property
Outstanding Obligations
Professional Documents
Reference Date
Settlement Agreement
Statutory Requirements
Collective Labor Agreement (CAO)
Final Payment
Non-Competition Obligations
Non-Solicitation Obligations
Company
Confidential Information
Contract of Employment
Effective Date
Employee
Employer
Final Settlement Date
Intellectual Property Rights
Last Working Day
Notice Period
Parties
Personal Data
Release
Remaining Holiday Entitlement
Severance Payment
Termination Date
Transition Payment (Transitievergoeding)
UWV
Works Council (Ondernemingsraad)
Company Property
Outstanding Obligations
Professional Documents
Reference Date
Settlement Agreement
Statutory Requirements
Collective Labor Agreement (CAO)
Final Payment
Non-Competition Obligations
Non-Solicitation Obligations
Clauses
Termination
Notice Period
Final Payment
Transition Payment
Holiday Pay
Company Property Return
Confidentiality
Non-Competition
Non-Solicitation
Full and Final Settlement
Tax Implications
Reference Provision
Post-Termination Obligations
Data Protection
Intellectual Property
Continuing Obligations
Legal Costs
Communication
Pension Arrangements
Benefits Termination
Share Options
Release of Claims
Governing Law
Dispute Resolution
Severability
Entire Agreement
Amendment
Third Party Rights
Execution
Notice Period
Final Payment
Transition Payment
Holiday Pay
Company Property Return
Confidentiality
Non-Competition
Non-Solicitation
Full and Final Settlement
Tax Implications
Reference Provision
Post-Termination Obligations
Data Protection
Intellectual Property
Continuing Obligations
Legal Costs
Communication
Pension Arrangements
Benefits Termination
Share Options
Release of Claims
Governing Law
Dispute Resolution
Severability
Entire Agreement
Amendment
Third Party Rights
Execution
Relevant Industries
Technology
Financial Services
Manufacturing
Retail
Healthcare
Professional Services
Education
Construction
Hospitality
Telecommunications
Energy
Transport and Logistics
Media and Entertainment
Public Sector
Non-profit Organizations
Relevant Teams
Human Resources
Legal
Compliance
Risk Management
Finance
Operations
Executive Leadership
Administration
Employee Relations
Relevant Roles
HR Manager
HR Director
Legal Counsel
Employment Lawyer
HR Business Partner
Compliance Officer
Risk Manager
Department Manager
Line Manager
General Manager
Managing Director
CEO
CFO
Operations Manager
Office Manager
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