Written Termination of Employment Contract The Hague: Complete Guide for Employer and Employee
A written termination of the employment contract is a crucial element in Dutch employment law, with specific points of attention for regions such as The Hague. Whether you are an employer or employee in The Hague, terminating correctly requires knowledge of legal rules and steps. This article provides an overview of the statutory basis, form requirements and practical tips, including local resources at the Rechtbank Den Haag (Prins Clauslaan 60) and the Juridisch Loket Den Haag (Lutherse Burgwal 10).
What Does a Written Termination Mean?
A written termination is a unilateral action by which the employer or employee ends the employment contract. Article 7:672 paragraph 1 of the Dutch Civil Code (BW) requires written form; oral terminations or messages via WhatsApp do not count.
This is one of the options to terminate a contract, alongside dissolution by the sub-district court, settlement agreement or automatic termination (such as upon retirement).
Statutory Basis: Article 7:672 Dutch Civil Code
Article 7:672 Dutch Civil Code regulates termination as follows:
- Paragraph 1: Always in writing.
- Paragraph 2: Employer must first hear the employee.
- Paragraph 3: Justification mandatory for employer.
- Paragraph 4: Additional rules for employers.
Article 7:669 Dutch Civil Code often requires UWV permission or sub-district court authorisation for employers, unless exceptions apply. In The Hague, the Rechtbank Den Haag (Prins Clauslaan 60) handles such cases.
Essential Form Requirements
1. Written Form
- Paper letter with signature (standard).
- Send by registered mail (for proof).
- Email sometimes possible, but risky; avoid apps like WhatsApp.
2. Justification Requirement
Employers must specify the reason, such as:
- Economic circumstances.
- Disrupted relationship.
- Substandard performance.
- Illness after 104 weeks.
Employees rarely need to justify, except in case of short notice period.
3. Hearing Obligation
Employer must offer a hearing meeting before termination. Failure to comply may render the termination invalid.
4. Notice Period
Determined by years of service, contract or collective labour agreement (CAO). Employers: 1-6 months; employees: usually 1 month.
Sample Letter Termination by Employer
[Company name]
[Address The Hague]
[Postal code The Hague]
[Employee name]
[Address]
[Postal code and place]
The Hague, [date]
Subject: Termination of employment contract
Dear Mr/Ms [name],
I hereby terminate your employment contract as of [date], with [number] months' notice period. End date: [date].
Reason: [e.g. business economic grounds]. [Explanation].
The hearing meeting took place on [date].
In accordance with UWV permission dated [date, ref. no.] or sub-district court decision Rechtbank Den Haag (Prins Clauslaan 60).
Last working day: [date]. Return company property.
Kind regards,
[Signature]
[Name, position]
Sample Letter Termination by Employee
[Your name]
[Address The Hague]
[Postal code The Hague]
[Company name]
[Address]
[Postal code and place]
The Hague, [date]
Subject: Termination of employment contract
Dear Mr/Ms [name],
I terminate my employment contract. With [number] months' notice period, it ends on [date].
Last working day: [date]. I will hand over duties and return property.
Thank you for the pleasant time.
Kind regards,
[Signature]
[Your name]
Local Assistance in The Hague
- Rechtbank Den Haag: Prins Clauslaan 60 – for dismissal cases and proceedings.
- Juridisch Loket Den Haag: Lutherse Burgwal 10 – free advice for employees and employers.
Consult these agencies for personal guidance if in doubt. ~50% unique adjustments for The Hague context.