The Resignation and Termination agreement is a crucial document used in the Netherlands when an employer and employee mutually agree to end their employment relationship. It is typically implemented when both parties have reached terms for an amicable separation, requiring documentation that complies with Dutch employment law. The agreement covers essential elements such as the termination date, financial settlements including the statutory transition payment (transitievergoeding), treatment of benefits, and any post-employment obligations. This document is particularly important as it provides legal certainty for both parties, helps prevent future disputes, and ensures compliance with Dutch regulatory requirements including the Dutch Civil Code and relevant employment legislation. It should be used whenever there is a mutual agreement to terminate employment, whether initiated by the employer or employee, and serves as a formal record of the separation terms.
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1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Brief context of the employment relationship and mutual decision to terminate
3. Definitions: Key terms used throughout the agreement
4. Termination Date: Specific date when employment relationship ends and last working day if different
5. Financial Settlement: Details of final salary, transition payment (transitievergoeding), and other monetary entitlements
6. Holiday Entitlement: Settlement of remaining vacation days and holiday pay
7. Company Property: Requirements and timeline for returning company assets and equipment
8. Final Discharge: Mutual release of claims and obligations post-termination
9. Confidentiality: Ongoing obligations regarding confidential information
10. Reference and Communications: Agreement on employment references and internal/external communications regarding departure
11. Tax Implications: Statement on tax treatment of payments and responsibilities
12. Governing Law: Confirmation of Dutch law governance and jurisdiction
13. Signatures: Execution section with date and signature blocks
1. Non-Competition and Non-Solicitation: Post-employment restrictions on competitive activities and customer/employee solicitation, if applicable
2. Ongoing Projects: Arrangements for handover of ongoing work and projects
3. Share Options/Benefits: Treatment of any share options, bonuses, or other benefits
4. Legal Fees: Agreement on payment of legal fees for review of the agreement
5. Insurance Continuation: Details of any continued insurance coverage post-employment
6. Pension Arrangements: Special provisions regarding pension rights and arrangements
7. Intellectual Property: Specific provisions about ownership and transfer of IP created during employment
8. Outstanding Loans: Settlement of any outstanding loans or advances from employer to employee
1. Schedule 1 - Financial Settlement Calculation: Detailed breakdown of all financial payments including salary, transition payment, and other benefits
2. Schedule 2 - Company Property List: Itemized list of company property to be returned
3. Schedule 3 - Benefits Summary: Summary of treatment of various benefits and entitlements
4. Appendix A - Certificate of Service: Draft reference letter or certificate of service
5. Appendix B - Handover Document: Template or completed handover documentation for ongoing projects
6. Appendix C - Non-Competition Terms: Detailed terms of any non-competition or non-solicitation restrictions
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