Kan Werkgever Contract Onbepaalde Tijd Opzeggen

You or your employer can terminate your perpetual contract. This can be done in several ways. Read here what you should consider. Were you over 45 years old on January 1, 1999? Then, the notice period for your employer can be a maximum of 26 weeks. For more information on the notice period for older employees, visit the UWV website. The legal notice period that your employer must respect is at least 1 month. […] Conversely, if the employer does not comply with the appropriate notice period, this may result in compensation to the employee by the employer. A fixed-term employment contract can end with an “immediate termination”. In everyday life, we used to talk about “dismissal without notice”.

The employer who resigns immediately must have urgent reasons of such weight that he cannot be required to continue the employment contract. Fixed-term employment contracts sometimes also include the possibility of early termination. Again, this is not prohibited, provided that this right has been agreed in writing and applies to both the employer and the employee. Termination in this context also means: in compliance with the rules applicable to termination. The inclusion of such a provision has both advantages and disadvantages. If the employer is not as sure of the employee`s suitability, the inclusion of a temporary dismissal clause gives him the opportunity to get rid of the employee anyway. The opposite is also possible. If, under a fixed-term employment contract, the employer employs an employee who can find a better job with another employer, an early termination clause offers that employee the opportunity to terminate the employment contract in the meantime. Unlike the employer, the employee does not need permission from the FJZ.

He only has to cancel on the right day and respect the notice period. A fixed-term employment contract usually ends on the agreed end date. As a general rule, the employee does not have to terminate such a contract. The end of a fixed-term employment relationship is the subject of Chapter 3.2. later in (3.2.). An employment contract contains the agreements between you and your employer. You have an employment contract (employment contract) if you. If your employer has offered you an employment contract or has made it clear before the end of your contract that they will not renew the contract, then tacit renewal is out of the question. Do you have an open-ended contract? Then, your employer must comply with a notice period. It depends on the length of your employment. Let`s say your employment contract is terminated, you continue to work, and your employer doesn`t say anything about it.

Then there is a tacit extension of your contract. In this case, you have a new employment contract with your employer under the old conditions. This new employment contract can last a maximum of 1 year. If you have already had the maximum number of fixed-term contracts, it may mean that you automatically have a contract of indefinite duration. Do you want to terminate your contract indefinitely or does your employer want to end the employment relationship and does this cause legal problems? Please contact one of them directly with our lawyers at the phone number: 088 1411 011. Is there a notice period in your employment contract or collective agreement? Then you need to stick to it. Is that not the case? Then, as an employee, you are subject to one month`s legal notice. The legal notice period for your employer depends on the duration of your employment contract: Since no termination is required at the end of the fixed-term employment contract (unless the parties have included a different clause in the contract), the legal prohibitions on dismissal do not apply. This means that the employment contract ends on the date specified in the contract, even if the employee is sick, for example. A contract of indefinite duration can be terminated in several ways.

The most obvious ways are: Are you still on probation? Then, your employer does not have to meet a notice period. They can be fired immediately. The contract then ends immediately. As compensation, this is only a fixed compensation (Art. 7:677-4 DCC). The possibility of full compensation in the event of early termination expired in 2015 (formerly Article 7:680 of the Dutch Civil Code). In the case of a lump sum compensation, the damage corresponds to the salary that the employee himself would have received if he had worked until the last day of the notice period. The employer therefore calculates the salary he paid from the time of the early dismissal until the moment when the employment contract should have ended. This is the amount that the employer can recover from damages. At the top, it says that an employee must cancel on the right day.

In the case of a contract of indefinite duration, a notice period of one month generally applies, unless the employee is obliged to respect a longer notice period due to the employment contract. In addition, the cancellation must be made before the last day of the month. If an employee resigns with immediate effect as of September 10, 2019, the employer may claim as compensation an amount equal to the paid salary and leave no later than September 1, 2019. == External links == In this case, it is not necessary that the day of termination of the employment contract coincides with the last day of the fixed-term employment contract. The contract does not always have to end on the last day of the employment contract. Termination can be made earlier – i.e. in the meantime – without making the termination irregular. If an employee wishes to terminate the employment contract, he does not need permission from UWV Werkbedrijf. The employee may terminate the employment contract indefinitely without giving reasons. However, the employee must comply with the statutory notice period of one month (Article 7:672(3) of the Dutch Civil Code).

If a different notice period is agreed in the employment contract or in the applicable COLLECTIVE LABOUR AGREEMENT, this period must be respected by the employee. The employee`s notice period may not exceed six months in the event of an extension of this period. In addition, the period then applicable to the employer may not be less than twice as high as for the employee. In the event of dismissal, an employee does not need a dismissal permit, as is often the case with an employer (3.4.). In addition, the prohibitions on dismissal do not apply to employees who terminate their employment contract (3.4.1.). Employees and employers can terminate a contract of indefinite duration. This can be done orally, but we recommend that you do it in writing. Send the termination letter by registered mail or request a written acknowledgment of receipt. There are a number of cancellation rules. For the employee The notice period for the employee is usually one month. Employers and employees may agree on a different notice period in the employment contract. .