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Employment Termination Agreement Template for Netherlands

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Key Requirements PROMPT example:

Employment Termination Agreement

"I need an Employment Termination Agreement under Dutch law for a senior software developer who will be leaving amicably on March 1, 2025, including standard non-compete provisions and treatment of unvested stock options."

Document background
The Employment Termination Agreement is a crucial document used in the Netherlands when an employer and employee mutually agree to end their employment relationship. It serves as a legally binding contract that protects both parties' interests and ensures compliance with Dutch employment law. This document is particularly relevant in situations involving restructuring, mutual separation, or when parties wish to avoid potential disputes through the UWV (Dutch Employee Insurance Agency) or court proceedings. The agreement typically includes comprehensive details about financial settlements, including the statutory transition payment (transitievergoeding), notice periods, and any additional compensations. It also addresses practical matters such as handover of work, company property, and continuing obligations. The document must be carefully drafted to ensure the employee maintains their rights to unemployment benefits while providing the employer with legal certainty regarding the termination.
Suggested Sections

1. Parties: Identification of the employer and employee, including full legal names, addresses, and relevant registration numbers

2. Background: Context of the employment relationship and reason for termination, ensuring neutral language that won't impact unemployment benefits

3. Definitions: Key terms used throughout the agreement, including defined terms for the termination date, final settlement, etc.

4. Termination Date: Specific agreement on the end date of employment and final working day if different

5. Financial Settlement: Details of final salary, transition payment (transitievergoeding), holiday pay, and any other financial entitlements

6. Final Settlement: Confirmation that the agreed payments constitute full and final settlement of all claims

7. Confidentiality: Obligations regarding confidential information and company secrets post-termination

8. Reference and Communications: Agreement on how the termination will be communicated and terms of future references

9. Restrictive Covenants: Confirmation of existing or modified non-compete and non-solicitation obligations

10. Tax Implications: Statement on tax treatment of payments and responsibilities

11. Governing Law: Confirmation that Dutch law applies and jurisdiction for disputes

12. Signatures: Execution blocks for both parties, including date and place of signing

Optional Sections

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

2. Company Property: Include when there are specific items or access rights to be returned

3. Share Options/Benefits: Required when employee has share options or specific benefits that need addressing

4. Legal Fees: Include if employer is contributing to employee's legal costs

5. Outplacement Support: Used when offering career transition services

6. Continuation of Benefits: Include if certain benefits will continue post-termination

7. Works Council: Required when works council involvement is relevant

8. Intellectual Property: Include for roles involving creation of IP or when specific IP agreements exist

9. Post-termination Assistance: Used when employee might need to assist with handover or future queries

Suggested Schedules

1. Schedule 1 - Calculation of Payments: Detailed breakdown of all financial elements including salary, transition payment, and other benefits

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

3. Schedule 3 - Existing Restrictive Covenants: Copy of relevant clauses from employment contract that survive termination

4. Appendix A - Resignation Letter: Standard form resignation letter if required

5. Appendix B - Release Statement: Formal waiver of claims if separate from main agreement

6. Appendix C - Reference Template: Agreed format and content of future employment references

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


























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Relevant Industries

Technology

Financial Services

Manufacturing

Retail

Healthcare

Professional Services

Education

Construction

Transportation

Energy

Telecommunications

Media and Entertainment

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Non-profit

Relevant Teams

Human Resources

Legal

Finance

Operations

Sales

Marketing

Information Technology

Research and Development

Customer Service

Production

Administration

Quality Assurance

Business Development

Strategy

Relevant Roles

Chief Executive Officer

Managing Director

Department Manager

Senior Software Engineer

Financial Controller

Human Resources Manager

Sales Representative

Marketing Specialist

Operations Manager

Project Manager

Administrative Assistant

Research Scientist

Legal Counsel

Customer Service Representative

Production Supervisor

Account Manager

Business Analyst

Technical Support Specialist

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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