Resignation and Dutch law
Are you considering resignation? On this page we'll explain how to resign under Dutch law. We provide tips to prevent losing legal rights, keep your unemployment benefits and negotiate about your severance payment.
🇳🇱 Voor Nederlandstaligen
Deze pagina is ook beschikbaar in het Nederlands: Zelf ontslag nemen.
Why would you resign yourself?
You don't like your job anymore, you can't get along with certain colleagues, you experience physical complaints or you are just fed up with your employer. All of these situations could be reasons to resign yourself. Since employees are well protected under Dutch labor law, it is quite easy to submit your resignation and terminate your employment contract.
It is however important to take some things into account. A strong legal position allows negotiation of dismissal conditions like a severance payment. In addition, you must ensure that you remain entitled to a subsequent unemployment benefit.
Reasons for resignation
I have found a new job;
I want additional compensation;
I can't get along with my boss or a colleague;
I feel undervalued in my current role;
My company is restructuring;
I want to go back to school;
My values don't align with the company culture;
I want to change career paths;
I have to leave due to family or personal reasons;
I will be dismissed / laid off / let go.
How to resign professionally
In Hollywood movies you resign in the following way: you shout that you're quitting, grab some stuff from your desk, slam the door and never come back. In practice, it's clever to terminate your employment contract in a slightly different manner.
It takes preparation, tact and professionalism to resign from your job on good terms. If you're using the correct etiquette when resigning, that can strengthen your reputation as a trustworthy and considerate professional. Doing so, it helps you to position you strongly for your next career move. Find out how to resign gracefully in these 9 steps.
Resignation is always awkward. It's important to maintain a positive relationship with former colleagues though. And a positive reference from your old boss could prove to be very valuable for a future employer.
Resigning gracefully in 9 steps
Resigning can be difficult to do, but it's common these days (and some believe prudent) to change jobs every five years in order to keep things fresh and alive. Knowing how to resign professionally, is a valuable career skill. If you leave for the right reasons and think positively, you're able to leave on good terms for sure.
Settlement agreement check
Have you just received a settlement agreement or are you willing to resign based on mutual consent? Have our labour lawyers perform a basic check to find out what's missing or should be improved. That doesn't cost you anything.
Is your (intended) dismissal justified?
Can your severance pay increase?
Unemployment benefits secured?
What are the correct legal steps?
We'll get started within 4 hours.
This basic check is free of charge.
Resignation and unemployment benefits
If you resign yourself, you are generally not entitled to unemployment benefits. This applies to both temporary and permanent contracts, even if you resign during your probationary period. As always, there are some exceptions.
Moving partner
If you resign because your partner is moving, you might still be entitled to unemployment benefits. To qualify for this, your commute (after moving) must be longer than 3 hours and you have to continue working as long as possible until you move.
Your partner is promoted or is faced with a reorganization;
Your partner's commute has become too long due to a company move;
Your partner was unemployed, but the new job required a move.
Health reasons
If you become ill due to problems at work, you can claim unemployment benefits. You must have done everything you can to resolve the problem with your employer. Doesn't that solve anything? A UWV doctor will then assess your dismissal and you will be eligible for unemployment benefits if:
your dismissal is attributable to your psychological condition;
it would be harmful to your health to remain employed.
How can you retain your unemployment rights?
Have you found yourself in a disturbed working relationship? Resignation is often precarious, without the prospect of a new job. It could lead to an impasse if both you and your employer want to terminate the employment, but no one dares to take the first step. You are probably afraid of losing your unemployment rights and your employer dreads a high severance payment. How to proceed?
There is no need to allow this situation to continue any longer. You can easily resolve it through a settlement agreement that grants the wishes of both parties. If you state that the initiative for dismissal lies with your employer, your unemployment rights are guaranteed. You will likely have to compensate your employer in regards to your severance payment. Call us for a free consultation.
Resignation and transition payment
The basic rule for qualifying for a transition payment (a statutory severance payment) is that you cannot be blameworthy. If you resign or are summarily dismissed, that is usually the case. Of course there are exceptions again.
❌ No transition payment
The law is very simple when it comes to the right to a transition payment in the event of culpable dismissal: there is none. In other words: if you resign yourself (your initiative) or if the dismissal is due to you, you are not entitled to a transition or severance payment. With our help and a proper settlement agreement you could still succeed.
✅ Transition payment
You are entitled to a transition payment if you resign due to seriously culpable actions or omissions by your employer. It does not matter whether your contract expired by operation of law, if you canceled it yourself or you had it terminated by the subdistrict court judge. You may even be eligible for fair compensation.
Questions about resignation
Most of the employees that want to resign are looking for answers to the questions below.
Free legal advice about resignation
We are happy to inform you about your legal rights in case you are considering resignation. You can call us free of charge. If you fill out the form below, we will call you back at an appropriate time.
Call +3120-4689114 (free)
Laat je gratis terugbellen
Wij bellen je kosteloos op een dag en tijd waarop het jou schikt.