Resignation in the Netherlands: notice period, rules and WW benefit

As an employee in the Netherlands you can resign at any time by giving notice, usually with a notice period of one month, and you do not need a reason. If you resign on your own initiative, however, you will usually not be entitled to unemployment benefit (WW), so the route you choose to leave matters.

There are three routes: a settlement agreement with your employer, notice given by you, or a request to the subdistrict court (kantonrechter) to dissolve the contract.

Can you end your contract by mutual agreement?

Yes, and most employment contracts end this way, through a settlement agreement (vaststellingsovereenkomst). Under Article 7:670b of the Dutch Civil Code (BW) you can withdraw your consent within fourteen days without giving a reason; if the agreement does not mention this right, the period is three weeks.

The wording matters as much as the amount. For WW, the agreement should show that the initiative came from your employer and that there is no urgent reason for dismissal. The end date should also respect the notice period your employer would have had to observe; otherwise UWV starts your benefit later.

How do you end your contract by giving notice?

You give notice to your employer and observe your notice period. For an employee, the statutory period is one month, regardless of length of service. Your contract may set a longer period, but never more than six months.

Unless agreed otherwise, notice is given to the end of a calendar month (Article 7:672 BW). If you resign on 10 March with one month’s notice, your employment ends on 30 April.

If you do not observe the notice period, your resignation is irregular. It still ends the contract, but your employer no longer owes wages and you may owe compensation, usually equal to the wages for the part of the notice period you skipped.

Can you ask the court to end your contract?

Yes. Under Article 7:671c BW you can ask the subdistrict court to dissolve your contract, and your employer cannot exclude this in the contract. You must explain in your request which circumstances make it unreasonable to expect you to continue.

If the court agrees, it ends the contract immediately or on a later date, never retroactively. If the reasons stem from serious culpability on your employer’s part, for example unpaid wages or intimidation, you can also claim the transition payment and fair compensation (billijke vergoeding).

Do you have to resign in writing?

No. Resignation is form-free and can also be done verbally, unless your contract or collective labour agreement (CAO) requires writing. In practice, a letter or e-mail is the safer route.

State your name, the date of your notice and the end date of your employment, and ask for a written confirmation of receipt. That avoids disputes about when the notice period started, which a verbal resignation easily causes.

Does your employer have to check that you really meant it?

Yes. Under settled case law of the Dutch Supreme Court (Hoge Raad), a resignation only counts if your statements or conduct clearly and unambiguously show that you intended to end your employment. Where that is not obvious, especially after a heated conversation, your employer must look into it. Relevant factors include:

• your state of mind at the time;
• whether you realised the consequences of what you said;
• how much time you had to reconsider.

If it turns out that resigning was not your real intention, your employer cannot in principle hold you to it, and your employment simply continues. Once a resignation is clear and unambiguous, however, you cannot withdraw it without your employer’s consent.

What should you check as an employee before resigning?

Resigning ends your income from that job and usually your WW rights, so check these points first:

• Your notice period in the contract or CAO, and the resulting end date.
• Whether you have a new job or income, since WW is usually refused after resignation.
• Your untaken holiday days, which are paid out at the end of employment if you do not take them.
• Any non-compete, training-cost repayment or relocation clause that applies when you leave.
• Whether a settlement agreement with your employer would serve you better than resigning.

What should you check as an employer when an employee resigns?

A resignation also has consequences for you as employer:

• Whether the resignation is clear and unambiguous, and in case of doubt, ask and record the answer.
• The end date, taking into account the notice period and the end of the month.
• The final settlement: wages, holiday allowance and untaken holiday days.
• Whether you want to enforce a non-compete clause or repayment of training costs.
• Your claim to compensation if the employee leaves without observing the notice period.

What can we do for you with a resignation?

We advise employees and employers before and after a resignation; see also our dismissal lawyer page.

• We calculate your notice period and correct end date.
• We assess whether a settlement agreement is a better route, and negotiate it.
• We check the settlement agreement for wording that protects your WW benefit.
• We draft a request to the subdistrict court to dissolve your contract.
• We advise on non-compete and training-cost clauses when you leave.

Summary

• You can leave by settlement agreement, by giving notice yourself, or by asking the subdistrict court to dissolve the contract.
• The statutory notice period for an employee is one month; a contractual period may never exceed six months.
• Resignation does not have to be in writing, but a written, confirmed notice avoids disputes.
• Your employer must check whether an unclear resignation was really meant.
• If you resign on your own initiative, you will usually not be entitled to WW.

Frequently asked questions