Which outcome suits your situation?

An employment law problem often has several layers. Your employer may, for example, want to start an improvement plan, while you mainly want clarity about a different position. Or you are quite willing to leave, but not with an uncertain final settlement or an obstacle to your next job. That is why we do not start with the question of which procedure is possible, but with what is going on and what would be a workable outcome for you.

We assess your contract, relevant correspondence and the stage the dispute has reached. In doing so, we distinguish between established arrangements, disputed facts and matters that can be negotiated. Not everything your employer presents as standard is non-negotiable. Conversely, not every unpleasant measure is automatically unlawful. Useful advice identifies both sides.

On our national page on employment law you will find the full overview of our services. From Amsterdam, we help with matters including dismissal, contract review, wage disputes, illness and arrangements about staying or leaving.

Settlement agreement: assess the whole package

A settlement agreement sets out the terms on which employer and employee part ways. Topics include the end date, a severance payment, release from duties, holiday entitlement, legal costs and arrangements about communication. Provisions that seem administrative at first sight can also have consequences. Think of a full and final discharge, the return of equipment or the moment at which an agreed amount must be paid.

So start by taking stock of your existing rights and obligations. Which salary components do you receive? Are there arrangements about a bonus, commission or share scheme? Do you have to repay training costs? Is a non-competition or non-solicitation clause included? Only once that starting position is clear can the package on offer be assessed meaningfully. A higher amount can be less favourable if it comes with a far-reaching obligation.

When employment is terminated by mutual consent, a transition payment is not automatically owed by law. The parties can, however, agree on a payment and use the transition payment as a reference point in the negotiations. A contribution towards legal fees is also a negotiable element, not a fixed right in every situation. We look not only at what can be asked for, but also at the reasoning behind and the importance of the various arrangements.

What does the agreement mean for unemployment benefit (WW)?

For WW, relevant factors include the actual reason for the end of the employment and the applicable notice period. A text stating that the initiative lies with the employer must not be at odds with reality. You must also meet the other conditions for benefit. A lawyer can identify risks and assess arrangements, but cannot guarantee a WW decision on behalf of the UWV.

Are you ill, or do you have a temporary contract without the option of interim termination? Then a termination proposal requires extra attention. An incorrectly chosen end date can affect your income or benefit. The UWV information on WW after dismissal sets out the general principles. Have your own situation assessed before you commit yourself.

Bonus, commission and final settlement: leave no loose ends

With a salary that has variable components, the last payslip does not always tell the whole story. A bonus scheme may, for example, refer to performance, review moments or a payment date after you leave. A commission arrangement may be linked to turnover, invoicing or payments actually received. We look at the wording of the scheme, how it has been applied and what the parties want to agree about the departure.

Make your own overview of the relevant schemes and supporting documents in advance. Think of the employment contract, the staff handbook, bonus letters, previous payments and messages about targets achieved. If you have a share or option scheme, also provide its separate terms and conditions. Not every scheme falls entirely under the same legal assessment; tax or foreign aspects may require additional expertise.

Fictitious example: an employee is offered a severance payment, but the agreement excludes any further claim. A commission not yet settled is not mentioned anywhere. Before signing, it must become clear whether that commission is already included in the payment, will be paid separately or is actually being given up. This is an illustrative situation and not a case from our own practice or a promise of a result.

In the case of an incorrect payment, our information on a wage claim can help. The aim is a verifiable settlement, not a rough estimate that leads to renewed discussion after the employment contract has ended.

Performance review, improvement plan or threatened dismissal

A negative appraisal meeting is not the same as a legally valid dismissal. If the employer claims that you are underperforming, the specific criticisms, earlier feedback, support and the opportunity given to improve are relevant. It matters whether it is unclear what is expected of you, whether you recognise the criticism and whether circumstances such as illness play a role.

Respond on the substance and in a businesslike manner. If criticism is unclear, ask for examples and measurable expectations. Keep earlier appraisals and messages about your work. It is usually wiser to clarify specific points than merely to write that you disagree with everything. Do not sign a meeting report without distinguishing between receipt, acknowledgement and agreement with its content.

Together, we can assess whether it is sensible to continue the employment relationship, to make arrangements about the plan or to discuss a termination proposal. The UWV explanation of dismissal for personal reasons describes the general context. An individual assessment remains necessary: the name of a plan does not tell you whether the file is sufficient.

Non-competition clause and moving to a new employer

A non-competition or non-solicitation clause can limit your options after leaving. Start with the exact wording: which activities, relationships, businesses, duration and geographical scope are mentioned? Is there a penalty clause? And does the provision, under the arrangements, also apply if the employer takes the initiative to terminate? Do not rely solely on a verbal assurance that the clause will probably not be enforced.

For a temporary contract, special conditions apply to a non-competition clause. A written statement of reasons setting out compelling business or service interests may be relevant, among other things. It does not follow that every clause in a temporary contract is automatically valid or, on the contrary, always invalid. The Dutch government (Rijksoverheid) explains the principles of a non-competition clause.

A practical solution may be to record explicitly on leaving which restrictions lapse and which arrangements about confidential information remain in force. When having this assessed, state whether you already have an offer, when you want to start and what work you will be doing. That allows the question to be examined more concretely than with just the statement that you want to work somewhere else.

English-language contract or international employment relationship

Do you work in Amsterdam under an English-language contract or for an international company? Then extra attention to terms, references and the actual working situation is advisable. An English-language agreement does not in itself mean that Dutch employment law protection is absent. Conversely, where work is done in several countries, it cannot be assumed without investigation that every Dutch rule applies directly.

Relevant for the assessment are, for example, the employer named in the contract, the usual place of work, a choice of law and work in other countries. Also bring any annexes and foreign schemes. If tax, social security or residence law questions also arise, it must be established what additional expertise is needed. Those matters are not automatically resolved simply by amending the termination agreement.

Within our firm, support is available in Dutch, English, Turkish and Polish. Discuss your language preference when making the appointment. The aim is that you genuinely understand the choices and their consequences. An international job title or a complex contract must never be a reason to leave it unclear which rights are retained and which arrangements you are entering into.

Illness and dismissal: assess this combination separately

A breakdown in the employment relationship can coincide with illness. In that case, an employment law dispute and the assessment of your capacity to work are not the same thing. For an initial assessment, send the employment contract, your employer’s proposal and relevant advice on reintegration via the agreed route. A full medical file is not needed for a general contact form.

Have it assessed in advance what voluntary termination during illness may mean for your income. Questions about suitable work, wage measures or returning to your position also deserve separate attention. On our page about dismissal and illness you can read more about how the two interact. State explicitly that you are ill, even if the document offered is mainly about dismissal and money.

Costs, assignment and preparation

The first consultation is free of charge. For further work, we discuss the scope of the assignment, the costs and possible funding. With a proposal to leave, a contribution from the employer can be requested. With legal expenses insurance, it must be checked whether the dispute is covered and under what conditions external assistance is reimbursed. Do not assume, without written clarity, that all costs will be paid afterwards.

Subsidised legal aid may be an option, subject to conditions. Income, assets and the importance of the case play a role; the Legal Aid Board (Raad voor Rechtsbijstand) decides. A legal aid certificate (toevoeging) may involve a personal contribution and other costs. The conditions for subsidised legal aid are therefore relevant to the initial cost estimate.

Prepare for the meeting with a short timeline, your contract, proposals received and your most important questions. Also tell us which solution you have in mind yourself. You will receive an assessment of the options and risks, not a guarantee of a specific payment. An assignment is confirmed separately, with clarity about who takes which steps and who monitors any time limits.

Speak to an employment lawyer in Amsterdam

Our office is located at Pieter Calandlaan 769, 1069 SC Amsterdam. Call 020 747 00 55 for an appointment and let us know straight away if you have been asked to sign something or a procedural time limit applies. In the case of summary dismissal, a time limit of two months may in principle apply for challenging the dismissal in court; a meeting or negotiations do not automatically safeguard that time limit.

See the contact details of the Amsterdam office or read more about employment lawyer Onur Arslan. You can also submit your question first via the contact form. Only provide the information needed to contact you and to understand the urgency.

Frequently asked questions about employment law in Amsterdam