This chapter only contains those articles that are supplementary to the Dutch Civil Code.
Article 8.1 End of fixed-term labour agreement
- The labour agreement ends by operation of law, after the agreed term has expired without notice being required.
- Notice of termination of the labour agreement shall be given in a timely and written manner in pursuance of section 668 of Book 7 of the Dutch Civil Code.
- The employer may terminate the employment early with due observance of a notice period of two months.
- The employee may terminate the employment early with due observance of a notice period of one month.
Article 8.2 End of labour agreement for an indefinite period
- Both the employer and the employee can terminate the labour agreement in writing in consideration of the statutory provisions regarding notice (this should be done by the end of the month) and notice periods in calendar months (sections 669 up to and including 672 of Book 7 of the Dutch Civil Code).
- Notwithstanding the statutory notice period:
a. In the case of a labour agreement for an indefinite period, the notice period for the
employee up to and including scale 12 is one month and from scale 13 is two months.
b. In the case of a labour agreement for an indefinite period, the notice period for the
employer with an employee up to and including scale 12 is two months and from scale 13
is four months.
- The employment comes to an end by operation of law when the state pension age (AOW- entitlement)is attained.
- After termination of the employment in pursuance of article 8.2 paragraph 3 the employer can conclude a fixed-term labour agreement with an employee entitled to state pension for a concretely described task / assignment in which there must be demonstrable business interest. The provisions of the Dutch Working after the State Pension Age Act are applicable to the aforementioned employment.
Article 8.3 Transition compensation
A subsequent benefit as intended in Section 9 of the BWOI can be qualified as reasonable financial compensation as intended in Section 873b Subsection 1b of Book 7 of the Dutch Civil Code. An employee who, after a dismissal on the basis of Article 669 paragraph 3a of the Dutch Civil Code, is entitled to a contiguous benefit under Article 9 of the BWOI can in no way claim the statutory transition allowance unless the employee waives the right to the contiguous benefit in writing.