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Resignation Settlement Agreement Template for Netherlands

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Key Requirements PROMPT example:

Resignation Settlement Agreement

"I need a Resignation Settlement Agreement under Dutch law for a senior software developer who is voluntarily leaving our tech company on March 1, 2025, including non-compete clauses and provisions for unvested stock options."

Document background
The Resignation Settlement Agreement (vaststellingsovereenkomst) is a crucial document in Dutch employment law used when an employer and employee mutually agree to end their employment relationship. It serves as a comprehensive record of all termination arrangements and protects both parties' interests by clearly defining their rights and obligations. This document is typically used in situations where both parties prefer to avoid the standard dismissal procedure through the UWV (Dutch Employee Insurance Agency) or court and instead opt for a mutually agreed termination. The agreement must comply with Dutch employment law requirements, including the mandatory 14-day reflection period for the employee. It covers essential elements such as termination date, financial settlements, treatment of benefits, confidentiality provisions, and any post-employment restrictions. This type of agreement is particularly valuable in ensuring a clear and amicable separation while preventing future disputes by providing a full and final settlement of all claims.
Suggested Sections

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

2. Background: Context of the employment relationship, including start date, current position, and reason for termination

3. Definitions: Key terms used throughout the agreement

4. Termination Date: Specific date of employment termination and last working day

5. Financial Settlement: Details of all financial compensation, including final salary, severance payment, and treatment of bonuses

6. Holiday and Leave: Settlement of outstanding vacation days and other leave entitlements

7. Company Property: Arrangements for return of company property and handling of company information

8. Confidentiality: Ongoing obligations regarding confidential information

9. Final Settlement: Confirmation that the agreement represents full and final settlement of all claims

10. Tax Treatment: Tax implications and responsibilities regarding the settlement payments

11. Reference and Communications: Agreed form of reference and internal/external communications about the departure

12. Reflection Period: Statutory 14-day reflection period under Dutch law

13. Applicable Law: Confirmation that Dutch law governs the agreement

14. Signatures: Execution blocks for both parties

Optional Sections

1. Non-Competition and Non-Solicitation: Post-employment restrictions, used when protecting business interests is crucial

2. Share Options/Incentives: Treatment of existing share options or other incentive schemes, if applicable

3. Pension Arrangements: Special provisions regarding pension rights, if relevant

4. Legal Fees: Agreement on payment of legal fees for reviewing the agreement, if offered

5. Insurance Continuation: Provisions for continuing any insurance benefits, if applicable

6. Outplacement Support: Details of any career transition support offered

7. Works Council: Reference to works council involvement, if required

8. Intellectual Property: Specific provisions regarding IP rights, if relevant to the role

Suggested Schedules

1. Schedule 1 - Financial Settlement Calculation: Detailed breakdown of all financial payments

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

3. Schedule 3 - Agreed Reference: Text of agreed employment reference

4. Schedule 4 - Outstanding Projects Handover: List of ongoing projects and handover arrangements

5. Schedule 5 - Benefits Summary: Details of any continuing benefits or benefit settlements

6. Appendix A - Resignation Letter: Form of resignation letter to be signed by employee

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

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Relevant Industries

Financial Services

Technology

Manufacturing

Professional Services

Retail

Healthcare

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Relevant Teams

Human Resources

Legal

Finance

Executive Leadership

Operations

Administration

Compliance

Payroll

Employee Relations

Management

Relevant Roles

Chief Executive Officer

Managing Director

Department Head

Senior Manager

Project Manager

Technical Specialist

Sales Representative

Administrative Officer

HR Manager

Financial Controller

Operations Manager

Research Scientist

Software Developer

Marketing Manager

Account Manager

Legal Counsel

Executive Assistant

Production Supervisor

Customer Service Manager

Business Analyst

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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