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Mutual Separation Agreement Employment for the Netherlands

Mutual Separation Agreement Employment Template for Netherlands

A comprehensive legal document governed by Dutch employment law that formalizes the mutual agreement between an employer and employee to end their employment relationship. This agreement outlines the terms and conditions of the separation, including termination date, financial arrangements, final settlements, and post-employment obligations. It ensures compliance with Dutch Civil Code requirements and includes provisions for transition payments, notice periods, and other statutory entitlements while providing legal certainty and protection for both parties.

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Mutual Separation Agreement Employment

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What is a Mutual Separation Agreement Employment?

The Mutual Separation Agreement Employment (Vaststellingsovereenkomst) is a critical document used in the Netherlands when an employer and employee agree to terminate their employment relationship by mutual consent. It serves as an alternative to unilateral termination and provides a structured framework for documenting the separation terms while ensuring compliance with Dutch employment law. This agreement is particularly useful when parties wish to avoid procedural requirements of the UWV (Employee Insurance Agency) or court proceedings, or when seeking an amicable resolution to employment termination. The document typically includes comprehensive details about financial settlements, transition payments, final working arrangements, and post-employment obligations, while ensuring protection of both parties' interests and compliance with Dutch legal requirements regarding employment termination.

What sections should be included in a Mutual Separation Agreement Employment?

1. Parties: Identification of the employer and employee, including full legal names and addresses

2. Background: Brief history of employment relationship, reason for mutual separation, and confirmation that both parties enter into agreement voluntarily

3. Definitions: Key terms used throughout the agreement

4. Termination Date: Specific date of employment termination and final working day if different

5. Financial Settlement: Details of all financial components including final salary, transition payment, and any additional compensation

6. Holiday and Leave: Settlement of remaining vacation days and other leave entitlements

7. Company Property: Requirements and timeline for returning company property

8. Confidentiality: Ongoing obligations regarding confidential information

9. Final Settlement: Confirmation that this agreement represents full and final settlement of all claims

10. Reference and Communications: Agreement on employment references and internal/external communications about the separation

11. Tax Implications: Statement on tax treatment of payments and responsibilities

12. Governing Law: Confirmation that Dutch law governs the agreement

13. Signing: Execution clause and signature blocks

What sections are optional to include in a Mutual Separation Agreement Employment?

1. Non-Competition and Non-Solicitation: Post-employment restrictions on working for competitors or soliciting clients/employees - include for senior employees or those with access to sensitive information

2. Intellectual Property: Specific provisions regarding IP rights and ongoing obligations - relevant for technical or creative roles

3. Share Options/Benefits: Treatment of share schemes or long-term benefits - include if employee participates in such schemes

4. Legal Assistance Costs: Contribution towards employee's legal advice costs - include if employer agrees to cover these

5. Outplacement Support: Details of any career transition support - include if offered as part of the package

6. Insurance Continuation: Arrangements for continuing insurance coverage - relevant for employees with company insurance benefits

7. Works Council Approval: Reference to works council involvement - include if required by law or company policy

8. Garden Leave: Terms of any garden leave period - include if employee will be placed on garden leave before termination

What schedules should be included in a Mutual Separation Agreement Employment?

1. Schedule 1 - Calculation of Payments: Detailed breakdown of all financial payments including transition payment calculation

2. Schedule 2 - Company Property List: Itemized list of company property to be returned

3. Schedule 3 - Reference Template: Agreed format and content of employment reference

4. Schedule 4 - Settlement Statement: Formal settlement statement (saldo-kwijting) detailing final payments and settlements

5. Appendix A - Employee Benefits Summary: Summary of treatment of various benefits and entitlements post-termination

6. Appendix B - Confidential Information Definition: Detailed definition and examples of what constitutes confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Netherlands

Cost

Free to use
Relevant legal definitions
































Clauses



































Relevant Industries

Technology

Financial Services

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CEO

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Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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