If you want to dismiss your employee and you agree or vice versa, the employment contract is terminated by mutual consent. This intention is often drawn up in a settlement/termination agreement. This ensures that a compelling process through the subdistrict court or at the UWV is avoided. A settlement agreement is always a better way out.
The Termination agreement must contain the following:
- the name and address of the employer and the employee
- that you have proposed to terminate the employment contract and what the reason is
- that there is no urgent reason for the dismissal
- that it is a termination by mutual consent
- what is the date on which the employment contract ends
- the date on which you make a final settlementaf
- where and when you and the employee signed the agreement
- that the employee has a 2 week reflection period
Other points to pay attention to
Your employee always has 2 weeks to think about it after signing the settlement agreement. You should always mention this explicitly, otherwise it will be 3 weeks
Have the settlement agreement drawn up by an employment law specialist. This way you avoid unpleasant surprises.
The lawyers of Arslan Lit Advocaten have extensive experience in handling employment law cases on behalf of the employer. For questions about what Arslan Lit Advocaten can do for you, please email us (firstname.lastname@example.org) or call us on 020 223 24 66. We are happy to assist you.