At the end of the 14-day reissue period, the termination contract is generally considered a final settlement of all matters between the employment parties. Most termination agreements will stipulate that the parties will not have other obligations after they have complied with everything stipulated in the transaction agreement. It is therefore important that both parties consider all employment-related obligations and issues. For many employers, entering into a transaction contract is not an everyday job. It may therefore be advisable to seek advice so that you know what, in the current circumstances, will be a reasonable proposition to your employee. It is not recommended that workers agree to terminate the employment contract without seeking prior legal advice. You can never lose! So, speak to our professional lawyer today to negotiate your transaction agreement with good financial compensation for the dismissal. Call 0900 -123 73 24 or send us an email It is possible to terminate an employment contract while maintaining the right to compensation through an employment contract. It is an agreement in which two or more parties enter into a binding agreement for the prevention or resolution of a dispute. For example, an agreement between the employer and the employee on the termination of an employment contract (dismissal). The agreement states in writing the terms of the dismissal.
The Dutch Civil Code describes the transaction treaty (Book 7, Articles 900 to 906). Another term often used is the termination contract. In order to obtain the right to unemployment benefit, it is no longer necessary to go through a judicial proceeding (cantonal court) or a procedure with the Institute for Social Protection of Workers (UWV). However, it is expected that the text of the agreement will be drafted correctly and that the appropriate termination period for the employer will be taken into account. Our „dismissal specialists“ can help you establish or verify the correct text and determine the termination time to consider. One of the relevant aspects for the worker is that the date of termination of the employment contract is consistent with the date on which the worker is entitled to unemployment benefit. For this reason, the transaction agreement must take due account of the fact that the notice period in force at the time of termination of the employment contract has been duly respected. In addition, in order to be safe, and given the worker`s rights to unemployment benefits, the VSO often contains a provision stipulating that the termination of the employment contract is not due to the employee (no dismissal by the worker), since it is the employer who has taken the initiative to terminate the employment contract.
A transaction agreement can be entered into for individual termination reasons (for example. B an unsatisfactory performance and a deteriorated working relationship) only for collective reasons. B redundancy (e.g., restructuring and business closure). Employers can therefore advertise a voluntary departure program. In this program, employers ask their employees if they are willing to leave the company voluntarily against a pre-defined transaction contract. A transaction contract is a written offer from your employer that contains certain conditions under which you declare you are leaving your job and voluntarily leaving the company. From a critical point of view, these conditions may differ from Dutch labour law. Due to the high interests associated with entering into a transaction agreement, professional legal advice is recommended. Our redundancy specialists have extensive experience and knowledge of this subject. You can have your transaction contract checked free of charge by our billing specialists. You will then know that you will get what is yours and that your unemployment benefits are not threatened.
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