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Voluntary Severance Agreement Template for Netherlands

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Key Requirements PROMPT example:

Voluntary Severance Agreement

"I need a Voluntary Severance Agreement under Dutch law for a senior software developer in our tech company, including non-compete provisions and specific clauses about ongoing project handover until March 2025, with retention of certain stock options."

Document background
A Voluntary Severance Agreement is used in the Netherlands when an employer and employee mutually agree to terminate their employment relationship under agreed terms. This document is particularly relevant in situations of organizational restructuring, career changes, or when both parties seek an amicable separation. The agreement must comply with Dutch employment law, including the Dutch Civil Code and Work and Security Act, and typically includes provisions for financial compensation, benefit arrangements, and post-employment obligations. It serves as a legally binding document that protects both parties' interests while ensuring compliance with Dutch legal requirements regarding employment termination, tax implications, and social security considerations. The agreement is crucial for documenting the voluntary nature of the separation and preventing future disputes.
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 mutual decision to terminate, including employment start date and current position

3. Definitions: Key terms used throughout the agreement, including specific Dutch legal terms

4. Termination Date: Specific date when employment relationship will end and confirmation of mutual agreement

5. Financial Settlement: Details of the severance payment, calculation method, and payment timing

6. Final Salary and Benefits: Arrangements for final salary, accrued holiday pay, and other standard benefits

7. Tax Treatment: Confirmation of tax treatment of payments and responsibilities of each party

8. Company Property: Requirements and timeline for returning company property

9. Confidentiality: Ongoing obligations regarding confidential information

10. Full and Final Settlement: Mutual release of claims and confirmation of agreement as full settlement

11. Reference and Communications: Arrangements for employment references and internal/external communications

12. Governing Law: Confirmation of Dutch law application and jurisdiction

13. Signatures: Execution blocks for both parties

Optional Sections

1. Non-Competition and Non-Solicitation: Restrictions on future employment and client/employee solicitation - include if relevant to employee's position

2. Ongoing Benefits: Any continuation of benefits post-termination - include if offering extended benefits

3. International Aspects: Special provisions for international employees - include for cross-border situations

4. Share Options/Incentives: Treatment of outstanding share options or incentive schemes - include if employee participates in such schemes

5. Outplacement Support: Details of any career transition services - include if offering outplacement

6. Legal Fees: Arrangement for payment of legal advisory fees - include if employer is contributing

7. Garden Leave: Terms of any garden leave period - include if applicable

8. Pension Arrangements: Special pension considerations - include if there are specific pension arrangements

9. Insurance Continuation: Details of any insurance policy continuations - include if offering extended coverage

Suggested Schedules

1. Schedule 1 - Calculation of Severance Payment: Detailed breakdown of severance payment calculation including statutory and contractual elements

2. Schedule 2 - Outstanding Benefits Calculation: Calculation of accrued holiday pay, bonuses, and other benefits

3. Schedule 3 - List of Company Property: Itemized list of company property to be returned

4. Schedule 4 - Form of Release Letter: Template of final release letter to be signed on termination date

5. Appendix A - Employee Benefits Summary: Summary of any benefits continuing post-employment

6. Appendix B - Data Privacy Statement: GDPR-compliant statement regarding handling of employee data post-termination

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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Human Resources

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Relevant Roles

Chief Executive Officer

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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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