The notice period is one of the most important parts of employment law. It determines how long the period is between the moment of dismissal and the official end date of your employment contract. An incorrect application of the notice period can have major consequences for both employee and employer, for example regarding the start date of a WW benefit.

In this article, we explain how the notice period works, what the legal rules are and what you need to pay attention to in case of dismissal or a settlement agreement.

What is the notice period?

The notice period is the period that applies when ending an employment contract. During this period, the employment contract continues and you are obliged to work or continue to receive salary, until the period has ended.

Statutory notice period for employees

For employees, there is usually a notice period of one month, unless the contract or the collective labor agreement states otherwise.

• The notice period can be extended, but not indefinitely.

• If the employee’s notice period is made longer, this must be clearly stated in the contract.

Statutory notice period for employers

For employers, longer periods apply, depending on the length of employment (art. 7:672 BW):

• Less than 5 years employed → 1 month

• 5 to 10 years employed → 2 months

• 10 to 15 years employed → 3 months

• 15 years or longer employed → 4 months

👉 In some collective labour agreements, different periods are agreed.

Notice period for a settlement agreement (VSO)

The UWV always looks at the statutory or collective labour agreement notice period when determining the start date of your WW.

Example:

• You have worked 8 years at a company (notice period = 2 months).

• Your VSO ends after just 1 month.

• The UWV still applies 2 months → you get no WW for 1 month.

Therefore, it is crucial that the end date in a VSO is properly aligned with the statutory notice period.

Exceptions and special cases

• Summary dismissal: no notice period. The dismissal is immediate.

• Probationary period: termination may be immediate.

• In a collective labor agreement: alternative (shorter or longer) periods are allowed.

• Buyout arrangement: sometimes an employer pays extra salary to compensate for the notice period.

Examples from practice

• Example 1: An employee signed a settlement agreement (VSO) with an end date that was too early. The UWV denied 1 month of unemployment benefits (WW). After renegotiation, the date was adjusted.

• Example 2: In a collective labor agreement a longer notice period was agreed for the employer. As a result, the employee received an extra month’s salary.

• Example 3: An employee still received compensation after summary dismissal, because the court found the dismissal unjustified and reinstated the normal notice period.

Notice period checklist

• 📄 Check whether your contract or collective agreement contains different rules.

• 📅 Take the correct notice period into account in a VSO.

• ⚖️ The UWV always checks the statutory or collective agreement notice period for unemployment benefits.

• 💶 Ask for compensation if the notice period is too short.

• 📝 Always have your VSO or dismissal checked by an employment lawyer.

Common mistakes

• Thinking that the end date in a VSO is always correct.

• Forgetting that collective labor agreements can have different notice periods.

• Not asking for compensation when the notice period is too short.

• Relying on the employer’s calculation.

Frequently Asked Questions (FAQ)

1. What happens if my notice period is wrong in the VSO?
Then the UWV may start your WW later, leaving you with a period without income.

2. Can my employer extend my notice period?
Only through a contract or collective agreement, but the period must remain reasonable.

3. Can I buy out the notice period?
Yes, the employer often pays extra salary to compensate for the notice period.

4. Does the notice period also apply in case of summary dismissal?
No, that is immediate dismissal.

5. Do I have to comply with the notice period if I resign?
Yes, unless employer and employee agree otherwise.

Why Arslan Advocaten?

• Checking whether the correct notice period has been applied

• Preventing you from missing out on unemployment benefits

• Negotiating compensation in settlement agreements

• Experienced in collective labor agreement and contract disputes

Conclusion

The notice period may sometimes seem like a detail, but it can have major financial consequences. An incorrect calculation can cost you months of unemployment benefits. Therefore, always have your dismissal or settlement agreement reviewed so that you don’t face any surprises.