The notice requirement sounds simple: as an employer, you must let the employee know no later than one month before the end of a temporary contract whether or not you will renew the contract. Yet in practice, things often go wrong. Employers forget to give notice, do so too late or verbally, or assume that the employee “already knew” where they stood. Several recent court rulings underscore that these arguments do not hold up in court. And that can cost the employer dearly: a failure to provide notice can easily amount to one month’s salary.

What exactly does the notice requirement entail?

For temporary employment contracts of six months or longer, the employer must notify the employee in writing no later than one month before the contract expires, stating whether the contract will be renewed and under what conditions. This is the notice requirement. If this notification is provided too late or is omitted altogether, the employer is liable to pay a notice compensation equal to (at most) one gross monthly salary. The law is strict on this point: even if the employee knew in some other way that the contract would end, the penalty still applies.

Clarity without written notice is not enough

This case involved an employee with a temporary contract through September 30, 2023. The employer had not provided written notice that the employment would end. The employee filed a lawsuit and sought a notice-of-termination payment of €3,139.17. The employer argued that it had long been clear to the employee that the contract would not be renewed. The subdistrict court rejected this argument: clarity is not the same as written notice. Only a written notice of termination meets the legal standard. The full notice pay was awarded.

A notice in the settlement agreement is sufficient

In another case, an employee claimed that the employer had not given her notice that her contract would end on May 1, 2024. The employer, however, referred to a written statement in the preamble of a settlement agreement. This statement indicated that the employment contract would not be renewed. Although the parties ultimately failed to reach an agreement on the settlement agreement itself, the subdistrict court ruled that the notice had been given in writing and was therefore valid. The mere fact that the notice was contained in an unsigned document did not affect this ruling.

Notice may be given in advance; no compensation for short-term contracts

In this case, when renewing a one-year temporary contract, the employer had immediately notified the employee in writing that the contract would not be renewed again upon its expiration. This “advance notice” was found to be legally valid. When the employee received a renewal offer shortly before the contract expired—which he did not accept—the employment relationship ended by operation of law. The subdistrict court ruled that the original notice was sufficient. A contributing factor was that the employee had continued to work for a few days after the contract expired, but this did not constitute a tacit renewal. Even a potential third extension lasting only a few days would not result in severance pay, as the statutory provision does not apply to contracts shorter than six months.

The Role of the Supreme Court

The line of case law is partly determined by an important 2022 Supreme Court ruling. In that ruling, the court held that the notice pay is always due in the event of a failure to comply with the written notice requirement, regardless of whether the employee was otherwise aware of the situation. This makes the rule strict, but also clear: the court has no leeway to moderate the award based on reasonableness or the absence of actual damages.

Practical Tips for Employers

Set a reminder: have your HR system automatically alert you when temporary contracts are for six months or longer.
Always provide written notice. This can be done by letter or email, as long as the employee receives it in a way that leaves no room for doubt.
When renewing a temporary contract, clarify right away whether it will be renewed again afterward. This will help you avoid any disputes regarding the notice requirement when the new contract ends.
If necessary, use the preamble of a settlement agreement as the effective date, provided the text is clear.

Conclusion

The notice requirement is a relatively simple yet common pitfall in employment law. The law is clear and strict: giving notice too late, giving verbal notice, or relying on “implicit clarity” is not enough. The court strictly enforces the written notice requirement, which means that even a minor mistake could easily cost you, as an employer, a month’s salary. Avoid that risk and make sure you provide your notice on time and in writing.

This blog was written by Stijn Blom, Esq., an employment law attorney at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists employers and employees on a daily basis with a wide range of employment law issues. From dismissal cases to drafting watertight contracts and policies—with his practical and personalized approach, he helps employers and employees move forward. Want to learn more? Visit Stijn’s page.

Arbeidsadvocaat.nl is happy to assist you if you have any questions about the notice requirement. Please feel free to contact us .

April 2025