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Employee Release Form for the Netherlands

Employee Release Form Template for Netherlands

This document serves as a legally binding agreement under Dutch employment law that formalizes the termination of an employment relationship between an employer and employee. It outlines the terms and conditions of the separation, including financial settlements, mutual releases of claims, and post-employment obligations. The document complies with Dutch Civil Code requirements and includes essential provisions for protecting both parties' interests, handling confidential information, and settling all employment-related matters. It incorporates specific Dutch legal requirements regarding notice periods, severance calculations, and employee rights while providing a clear framework for a clean break in the employment relationship.

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What is a Employee Release Form?

The Employee Release Form is a crucial document in Dutch employment law used when formally terminating an employment relationship by mutual agreement. It's typically utilized in situations involving voluntary departures, redundancies, or negotiated exits, providing both parties with legal certainty and protection. The document encompasses all aspects of the employment termination, including financial settlements, confidentiality obligations, and mutual releases of claims. Under Dutch law, such agreements must comply with strict regulatory requirements, including mandatory reflection periods and specific provisions regarding unemployment benefits. The document is particularly important as it helps prevent future disputes by clearly documenting all termination conditions and ensuring compliance with Dutch employment regulations, including the Dutch Civil Code and relevant employment legislation.

What sections should be included in a Employee Release Form?

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

2. Background: Context of the employment relationship, including start date and reason for termination

3. Definitions: Key terms used throughout the agreement

4. Termination Date: Specific date when employment relationship ends and final working day

5. Financial Settlement: Details of final salary, severance payment, and other financial compensations

6. Holiday Pay and Accrued Leave: Settlement of remaining vacation days and holiday allowance

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

8. Confidentiality: Ongoing obligations regarding confidential information

9. Full and Final Settlement: Mutual release of claims and waiver of rights

10. Tax Implications: Statement about tax treatment of payments and responsibilities

11. Reference and Communications: Agreement on employment references and internal/external communications

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

13. Signatures: Execution blocks for both parties

What sections are optional to include in a Employee Release Form?

1. Non-Competition and Non-Solicitation: Post-employment restrictions, used when protecting business interests is crucial

2. Shares and Stock Options: Treatment of equity compensation, used when employee has company shares

3. Pension Arrangements: Special pension considerations, used when specific pension rights need addressing

4. Legal Fees: Arrangement for payment of legal advisory fees, used when employer agrees to cover employee's legal costs

5. Outplacement Support: Details of career transition services, used when such support is offered

6. Medical Insurance Continuation: Arrangements for health insurance post-employment, used when applicable

7. Bonus and Commission: Treatment of outstanding bonus/commission payments, used for sales/executive positions

8. Intellectual Property: IP rights and obligations, used when employee was involved in creative/innovative work

What schedules should be included in a Employee Release Form?

1. Schedule 1 - Financial Statement: Detailed breakdown of all financial payments and calculations

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

3. Schedule 3 - Reference Letter: Agreed form of employment reference

4. Appendix A - Confirmation of Legal Advice: Written confirmation that employee received independent legal advice

5. Appendix B - Resignation Letter: Standard form resignation letter to be signed by employee

Authors

Alex Denne

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

Jurisdiction

Netherlands

Publisher

Ƶ

Cost

Free to use
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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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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