Termination of the Employment Contract in Westland
The termination of an employment contract can occur in multiple ways, each with specific rules and consequences.
Methods of Termination
- Automatic termination: Upon expiry of a fixed-term contract or reaching the state pension age
- Termination by employer: Only with permission from the UWV or following a ruling by the subdistrict court
- Termination by employee: Observing the statutory notice period
- By mutual consent: Via a settlement agreement
- [Summary dismissal](https://rechtshulprotterdam.nl/encyclopedie/directe-leeftijdsdiscriminatie): In case of an urgent cause
- Death of the employee
Financial Settlement
Upon termination of employment, the employee is entitled to payment for outstanding holiday days, holiday pay and possibly a [transition payment](https://rechtshulprotterdam.nl/encyclopedie/pro-rata-dertiende-maand).
Statutory basis: Articles 7:667-686 of the Dutch Civil Code
Frequently Asked Questions
What are my rights as an employee in Westland?
You are entitled to a safe workplace, minimum wage, paid holiday days and protection against discrimination or unfair treatment.
Can my employer dismiss me without reason?
No, dismissal usually requires approval from the UWV and must be based on reasonable grounds. Prior warnings are often required.
How many paid holiday days am I entitled to?
You are entitled to at least 20 paid holiday days per year, unless otherwise stipulated in your contract. These days must be granted upon request.
What does a collective labour agreement mean for me?
A collective labour agreement (CLA) includes agreements between employers and trade unions on salaries, working hours and other terms of employment.
What should I do in case of illness?
In case of illness, you must immediately inform your employer. You are entitled to continued pay during the first two years of sick leave.
Frequently Asked Questions Specific to Westland
What does the termination of an employment contract entail?
An employment contract can be terminated in various ways, each with its own conditions and consequences.
What are the statutory rules regarding termination?
Upon termination of employment, an employee is entitled to payment for holiday days, holiday pay and possibly a transition payment.
What are my obligations and rights upon termination?
You are entitled to a safe working environment, fair pay, paid holiday and protection against unequal treatment.
What if the rules are not complied with?
Dismissal generally requires approval from the UWV and must be based on reasonable grounds. Warnings are often a requirement.
What are common mistakes in termination?
You are entitled to at least 20 paid holiday days per year, unless your contract states otherwise. These must be granted upon request.
When should I seek legal assistance in Westland?
It is advisable to seek legal advice in case of uncertainties about your rights, conflicts with your employer or if you believe you have been treated unfairly. Early advice can prevent problems and costs. Contact the Juridisch Loket Westland for support.
Summary
The termination of an employment contract is an essential part of Dutch employment law. Both employers and employees have clear rights and obligations. Non-compliance with rules can have legal consequences.
Key Points
- Termination of an employment contract is governed by the Dutch Civil Code
- Rights and obligations apply to both employer and employee
- Breach of rules can lead to legal action
- In case of doubt, it is advisable to seek legal advice via the Juridisch Loket Westland
- Good agreements and preventive measures help avoid conflicts