No, usually not. Once an employment contract is terminated, an employee generally cannot go back on it.
Case law example
This also played out in a recent case at the Den Bosch Court of Appeal. A maintenance mechanic had private problems and had to take his children into his home urgently. The mechanic considered himself unable to work anymore and was in contact with his employer about this. He indicated over the phone that he wanted to stop working. A few days later, a conversation took place between employer and employee. A memorandum was made of the conversation, which stated, among other things, that the employee had terminated his employment contract himself. The memorandum was signed by both parties. A day after, the mechanic wants to return to it. He says he was pressured to sign and does not want to terminate his employment contract after all.
Judgment of the court
The Den Bosch Court of Appeals examines whether will and statement agreed at the time of termination. This is something employers should always investigate. An employer should not assume too quickly that the employee's statement is aimed at voluntary termination of employment and should investigate whether the employee really intended termination of his employment contract and considered the consequences. That was the case in this case. For example, the employer had informed the mechanic that if he terminated himself, he would not be entitled to unemployment benefits. This was also stated in the memorandum.
This blog was written by Mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists entrepreneurs daily with a wide range of employment-related matters. From dismissal cases to drafting watertight contracts and policies – with his practical and personal approach, he helps employers and employees move forward. Want to know more?Visit Stijn's page.
Arbeidsadvocaat.nl is happy to think with you if you have questions about dismissal law. Please feel free to contact us.
June 2024
