Employment contracts or collective bargaining agreements often specify the notice period for both employees and employers. If not stipulated in writing, the statutory notice period applies. The length of the notice period varies for employers and employees and depends on the length of employment.
Duration of the Notice Period:
For Employees:
- Usually 1 month
For Employers:
- 1 month's notice for less than five years of service
- 2 months' notice for five to 10 years of service
- 3 months' notice for ten to fifteen years of service
- 4 months' notice for fifteen or more years of service
A longer notice period can be agreed upon by mutual consent, but a shorter notice period is only possible if it is stipulated by collective bargaining agreement. In principle, these terms are measured in calendar months and usually begin on the first day of the following month.
Exceptions to the Notice Period
No Notice Period: During the probationary period or instant dismissal, there is no notice period for both employer and employee.
Shorter Notice Period: Employers can agree on a shorter notice period if it is specified in the collective bargaining agreement, but it must be at least as long as that for the employee.
Longer Notice Period: An employer can provide a longer notice period for the employee, but this must be stipulated in the employment contract. The term must then be twice as long as that for the employee, with a maximum of six months.
Fictitious Notice Period
When applying for WW benefits, the UWV checks whether the statutory or contractual notice period has been observed. If the notice period is not observed, the UWV may suspend entitlement to WW benefit until the notice period has been met. In doing so, the UWV uses the applicable notice period. If the employer has agreed a shorter notice period than the applicable term in a settlement agreement, the UWV will only pay WW benefits after the notice period has expired. The date the agreement is signed is therefore important to determine when the notice period begins.
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.
If you need the support of a lawyer specialized in labor law, Arbeidsadvocaat.nl is of course happy to assist you. Please feel free to contact us .
January 2024
