Dutch Statutory Notice Period Netherlands: Your Complete Guide

In short: an employee in the Netherlands gives one month’s notice unless the contract or collective agreement says otherwise. An employer’s statutory notice period rises with length of service: one month under five years, two months from five, three months from ten and four months from fifteen years or more. Notice normally runs to the end of a calendar month, so the date you hand it in decides the leaving date.

The notice period is the time between giving notice and the actual end of an employment contract. Under article 7:672 of the Dutch Civil Code it works differently for the two parties: an employee gives one month, whatever the length of service, while an employer’s notice grows with the length of the contract. Getting the dates wrong can cost either side a month’s wages or more, so it pays to calculate them precisely.

The statutory notice periods

Notice by the employee

An employee who resigns gives one month’s notice (article 7:672(4) Civil Code). The employment contract or a collective labour agreement (CAO) can extend this, but only in writing, to a maximum of six months, and only if the employer’s notice is then at least twice as long as the employee’s. An agreed three-month notice for the employee therefore means at least six months for the employer.

A different rule applies if your contract does not fix the number of hours you work, as in a zero-hours contract (nulurencontract). Your own notice period is then equal to the call-up period, which is normally four days (article 7:672(5) and article 7:628a Civil Code).

Notice by the employer

Three rules modify this scale. First, an employer that obtained a dismissal permit from the Employee Insurance Agency (UWV) may deduct the duration of the UWV procedure from the notice period, provided at least one month remains (article 7:672(6)). Second, once the employee has reached state pension (AOW) age, the employer’s notice period is one month. Third, the employer’s statutory period can only be shortened by a collective labour agreement, never by an individual contract.

Note that an employer cannot simply give notice. Apart from the probationary period and summary dismissal, dismissal requires either a UWV permit, a court decision or the employee’s agreement. The notice period only determines when a permitted termination takes effect; see our overview of Dutch employment law for the dismissal grounds.

The end-of-the-month rule

Notice is given “towards the end of the month” unless a written agreement or custom designates another day (article 7:672(1)). In practice this means the notice period must be observed in full and the contract ends on the last day of the calendar month in which that period expires. An employee who resigns on 10 May with one month’s notice therefore leaves on 30 June; resigning on 30 May leads to the same date. An employer giving notice on 15 July to an employee with seven years’ service must observe two months, so the contract ends on 30 September.

Check the contract for a clause designating another day, because some contracts let notice run from any date. The date on which notice is received is decisive, which is why written notice with proof of delivery matters.

How to resign correctly

Dutch law does not require written notice, but an oral resignation is hard to prove. Hand your manager a dated and signed letter or send it by email, state that you resign, refer to the notice period and the resulting last working day, and ask for confirmation of receipt. A registered letter gives the strongest proof. Keep working normally during the notice period; the ordinary duties of an employee, including confidentiality, continue until the last day.

Before resigning, check three things. A voluntary resignation normally means no unemployment benefit (WW), because the UWV treats the unemployment as culpable. It also means no transition compensation, unless the resignation was caused by seriously culpable conduct of the employer. And a non-compete clause, study-cost repayment clause or bonus scheme may be triggered by your departure. If your employer is in fact pushing you out, a settlement agreement is usually a better route than resigning.

A settlement agreement (vaststellingsovereenkomst) ends the contract by mutual consent. You may cancel it in writing within 14 days of signing, without giving reasons. If the agreement does not mention this right, you have three weeks (article 7:670b Civil Code).

Leaving earlier than the notice period allows

Employer and employee can agree in writing to shorten the notice period; record the agreement to avoid later disputes. Whoever terminates unilaterally without observing the correct notice period owes the other party compensation equal to the wages for the period the contract should have continued (article 7:672(11)), although the court may reduce that amount. The employer may not force an employee to use up accrued holiday during the notice period, but will normally have to grant a timely holiday request unless there are compelling business reasons not to.

When the normal notice period does not apply

Probationary period

During a valid probationary period either party can end the contract immediately without notice. A probationary period must be agreed in writing and applies equally to both parties. It is not allowed in a fixed-term contract of six months or less. In a contract of more than six months but less than two years it may last at most one month, and in a contract of two years or more or for an indefinite period at most two months.

Summary dismissal and resignation for urgent cause

An employer can dismiss with immediate effect (ontslag op staande voet) for an urgent reason (dringende reden, article 7:678), such as theft, fraud, violence or persistent refusal to follow reasonable instructions. The employer must act promptly and inform the employee of the reason immediately, and courts apply a strict test. The employee can ask the court within two months to annul the dismissal. An employee can likewise resign with immediate effect for an urgent reason (article 7:679), for example if wages are not paid or the workplace is unsafe, and may then claim damages.

Fixed-term contracts

A fixed-term contract ends automatically on the agreed date. It can only be terminated early by notice if the contract contains an interim termination clause. The employer must give written notice at least one month before the end of a fixed-term contract of six months or longer whether it will be renewed, and owes compensation of up to one month’s salary if it fails to do so.

Final settlement after the last day

• Holiday: untaken holiday entitlement is paid out when the employment ends (article 7:641), together with the holiday allowance accrued.
• Reference: the employee is entitled on request to a written statement of the nature of the work, the dates of employment and, if requested, the manner of termination (article 7:656).
• Restrictive covenants: a valid non-compete clause (concurrentiebeding) or non-solicitation clause (relatiebeding) continues to apply after resignation unless the employer waives it in writing.
• Residence permit: for a highly skilled migrant the end of employment affects the residence permit; there is a search period of three months to find a new employer. Take advice on the tax consequences separately.

Frequently asked questions about notice periods

Advice on notice and termination

A miscalculated notice period is easy to prevent and expensive to repair. The employment lawyers at Law & More check contracts and collective agreements, calculate notice and final dates, and advise employers and employees on resignation, dismissal and settlement agreements.