DOING BUSINESS IN THE EU


Doing business in the EU

Difference between to confirm (aanzeggen) and termination (opzeggen) of employment

With the new Dutch Work and Security act it is important that managers in the Netherlands understand the difference between to confirm (aanzeggen) or terminate (opzeggen) employment.

Procedure: confirmation of the ending of  the temporary employment (contract)

Issue a confirmation in writing  to the employee about the ending of the employment 1 month before the contract ends.

When is confirmation that the (temporary) employment (contract) will end applicable

  • Only applicable on temporary contracts of 6 moths and longer,
  • Not applicable on temporary contracts without a determined end date,
  • There is no further steps to be taken after the confirmation to end the employment,

Procedure if confirmation was not issued

  • The employment ended but the employee is entitled to a month salary.

 

Ending of an employment contract

Applicability

  • When a contract is ended before the specified ending date,
  • Employment contracts for indefinite period.

Procedure to end the employment contract

There is two ways that employment contract can be terminated:

  1.  Confirmation of the UWV ( Poor working performance and incapacity),
  2.  Mutual agreement between employer and employee.

Click here for a Dutch Labour Law case where the employer unlawfully ended an employment contract before the end date.

 

 

 

 

 

 

Andre Beukes LLM

Andre Beukes LLM

I am an International human resources consultant to multinational companies in international employment law and employee relations.

Leave a Comment