Termination Of Employment With Immediate Effect for the Netherlands

Termination Of Employment With Immediate Effect Template for Netherlands

A formal document governed by Dutch employment law that enables an employer to terminate an employment relationship with immediate effect due to urgent cause (dringende reden). This document must comply with specific requirements under the Dutch Civil Code, particularly Articles 7:677 and 7:678, and must clearly state the urgent reasons justifying immediate termination. The document includes detailed descriptions of the incidents or circumstances constituting the urgent cause, references to supporting evidence, and instructions regarding final settlements and company property. It serves as a legal record of the termination and must be carefully drafted to ensure compliance with Dutch employment legislation and jurisprudence.

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Termination Of Employment With Immediate Effect

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What is a Termination Of Employment With Immediate Effect?

The Termination Of Employment With Immediate Effect is a critical document used in situations where an employment relationship must be ended immediately due to serious misconduct or other urgent causes under Dutch law. This document is utilized when circumstances are sufficiently serious to warrant bypassing the standard notice period requirements. It must be drafted with extreme care as Dutch courts scrutinize immediate terminations closely. The document should detail the specific urgent cause(s), reference relevant evidence, and address practical matters such as final payments and company property. It's essential to ensure compliance with the Dutch Civil Code, particularly regarding the definition of urgent cause and procedural requirements. This type of termination carries significant legal implications and risks, making it crucial to document all relevant facts and circumstances comprehensively.

What sections should be included in a Termination Of Employment With Immediate Effect?

1. Header and Date: Company letterhead, date, and reference number

2. Addressee Details: Employee's full name and address

3. Subject Line: Clear indication of 'Termination of Employment with Immediate Effect'

4. Opening Statement: Formal declaration of immediate termination with reference to employment contract details and start date

5. Urgent Cause: Detailed description of the urgent cause(s) justifying immediate termination, with specific incidents, dates, and references to evidence

6. Legal Basis: Reference to relevant articles of Dutch Civil Code (particularly Article 7:677 and 7:678) and employment contract provisions

7. Immediate Effect Declaration: Clear statement that employment ends with immediate effect and specific termination date/time

8. Return of Company Property: List of company properties to be returned and deadline for return

9. Final Settlement: Information about final salary payment and handling of outstanding benefits

10. Closing: Formal closing, signature block for authorized representative

What sections are optional to include in a Termination Of Employment With Immediate Effect?

1. Non-Compete Reminder: Include when employment contract contains post-termination restrictions that remain valid

2. Confidentiality Obligations: Include when specific reminder of ongoing confidentiality obligations is necessary

3. Legal Proceedings Reference: Include when criminal or civil proceedings are pending or contemplated

4. Works Council Information: Include when works council has been informed/consulted about the termination

5. Garden Leave: Include when employee is placed on garden leave during any notice period

6. Security Measures: Include when specific security measures are being implemented (e.g., system access revocation)

7. Transition Payment Statement: Include when addressing eligibility or non-eligibility for transition payment

What schedules should be included in a Termination Of Employment With Immediate Effect?

1. Evidence Documentation: Copies or references to evidence supporting the urgent cause

2. Property Checklist: Detailed list of company property to be returned

3. Final Settlement Calculation: Breakdown of final payment including any outstanding salary, vacation days, etc.

4. Incident Reports: Copies of relevant incident reports or disciplinary records

5. Previous Warnings: Copies of any relevant previous warnings or communications

6. Handover Instructions: Instructions for handover of work, passwords, and ongoing projects

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

Financial Services

Technology

Manufacturing

Retail

Healthcare

Professional Services

Education

Construction

Hospitality

Telecommunications

Energy

Transportation

Media and Entertainment

Public Sector

Non-Profit

Agriculture

Mining and Resources

Real Estate

Pharmaceutical

Logistics

Relevant Teams

Human Resources

Legal

Compliance

Employee Relations

Risk Management

Corporate Governance

Executive Leadership

Administration

Personnel Management

Relevant Roles

HR Director

HR Manager

Legal Counsel

Employment Lawyer

Company Secretary

HR Business Partner

Compliance Officer

Risk Manager

General Counsel

Chief Human Resources Officer

Employee Relations Manager

HR Operations Manager

Legal Manager

Chief Legal Officer

Personnel Manager

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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