The Outplacement Services Severance Agreement is utilized in the Netherlands when an employer and employee agree to terminate their employment relationship while providing professional career transition support. This document is particularly relevant in situations involving reorganizations, position eliminations, or mutual separation agreements where the employer wishes to provide additional support for the employee's career transition. The agreement complies with Dutch employment law requirements and typically includes detailed provisions about severance payments, benefits continuation, and the scope of outplacement services. It's designed to protect both parties' interests while ensuring a smooth transition for the departing employee. The document becomes especially important in the context of the Dutch work culture, which emphasizes social responsibility in employment relationships and the importance of maintaining good relations even during separation.
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1. Parties: Identification of the employer, employee, and outplacement service provider (tripartite agreement)
2. Background: Context of the employment termination and agreement for outplacement services
3. Definitions: Key terms used throughout the agreement including 'Termination Date', 'Outplacement Services', 'Severance Payment'
4. Termination of Employment: Formal terms of the employment termination, including the termination date and mutual agreement confirmation
5. Severance Payment: Details of the severance payment amount, calculation method, and payment terms
6. Outplacement Services: Scope, duration, and nature of outplacement services to be provided
7. Final Settlement: Settlement of outstanding salary, vacation days, expenses, and other employment-related payments
8. Tax Implications: Treatment of payments for tax purposes and responsibilities of each party
9. Confidentiality: Obligations regarding confidential information and company secrets
10. Release of Claims: Mutual release of claims related to the employment relationship
11. References: Agreement on the content and handling of employment references
12. Governing Law and Jurisdiction: Specification of Dutch law as governing law and competent courts
1. Company Property: Terms for returning company property, applicable when employee has company assets
2. Post-termination Restrictions: Non-compete and non-solicitation clauses, if applicable to the employee's position
3. Continued Benefits: Any benefits extending beyond termination date, such as health insurance or company car
4. Share Options/Incentives: Treatment of outstanding share options or other incentive schemes
5. Garden Leave: Terms of any garden leave period before final termination
6. Works Council Approval: Reference to works council approval if required for the termination
7. Immigration Status: Implications for work permits/immigration status if employee is a foreign national
8. Pension Arrangements: Special provisions regarding pension rights or contributions
1. Schedule 1 - Outplacement Service Specification: Detailed description of outplacement services, including timeline, specific programs, and deliverables
2. Schedule 2 - Severance Payment Calculation: Detailed calculation of severance payment including any specific formulas or adjustments
3. Schedule 3 - Outstanding Payments Statement: Itemized list of all outstanding payments including salary, bonuses, and vacation days
4. Schedule 4 - Company Property List: Inventory of company property to be returned
5. Appendix A - Release Form: Formal release of claims document
6. Appendix B - Reference Letter Template: Agreed format and content of employment reference
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