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Employment Settlement Agreement Template for Netherlands

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Key Requirements PROMPT example:

Employment Settlement Agreement

"I need an Employment Settlement Agreement under Dutch law for our Chief Technology Officer's departure effective March 1, 2025, including provisions for unvested stock options, ongoing consultancy arrangements, and international non-compete restrictions."

Document background
An Employment Settlement Agreement is utilized in the Netherlands when an employer and employee mutually agree to terminate their employment relationship. This document is particularly important in Dutch employment law as it provides a legally secure way to end employment while protecting both parties' interests. It's commonly used in situations involving redundancy, mutual separation, or resolution of employment disputes. The agreement must comply with Dutch legal requirements, including the mandatory 14-day reflection period during which the employee can revoke their consent. It typically contains comprehensive details about financial settlements (including the statutory transitievergoeding if applicable), continuation or termination of benefits, confidentiality obligations, and post-employment restrictions. The document serves as a full and final settlement of all claims between the parties, providing legal certainty and preventing future disputes.
Suggested Sections

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

2. Background: Context of employment relationship, reason for termination, and confirmation that parties wish to settle

3. Definitions: Key terms used throughout the agreement

4. Termination Date: Specific date of employment termination and last working day

5. Financial Settlement: Details of all payments including salary, severance, bonuses, and holiday pay

6. Tax Treatment: Tax implications of payments and which party bears responsibility

7. Final Settlement (Finale Kwijting): Mutual discharge of all claims related to employment relationship

8. Reflection Period: Statutory 14-day reflection period under Dutch law

9. Confidentiality: Obligations regarding confidential information

10. Company Property: Return of company property and handling of digital assets

11. References: Agreement on employment references and communication about departure

12. Governing Law: Confirmation of Dutch law application and jurisdiction

13. Signatures: Execution clause and signature blocks

Optional Sections

1. Garden Leave: Terms of garden leave if applicable between last working day and termination date

2. Post-Employment Restrictions: Non-compete and non-solicitation clauses if continuing from employment contract

3. Share Options/Benefits: Treatment of outstanding share options or other benefits

4. Legal Fees: Agreement on payment of legal fees for reviewing settlement

5. Intellectual Property: Specific provisions about IP rights and ongoing obligations

6. Medical Insurance: Continuation or termination of medical benefits

7. Pension Arrangements: Special provisions regarding pension rights or contributions

8. Works Council: Reference to works council consultation if applicable

9. Communications: Agreed internal/external communication about departure

Suggested Schedules

1. Schedule 1 - Payment Calculation: Detailed breakdown of all financial settlements including salary, severance, and benefits

2. Schedule 2 - Company Property: Inventory of company property to be returned

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

4. Schedule 4 - Outstanding Benefits: List of outstanding benefits and their treatment

5. Schedule 5 - Handover Plan: Details of work handover arrangements and timeline

6. Appendix A - Relevant Employment Documents: Copies of relevant employment contract clauses that survive termination

Authors

Alex Denne

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

Relevant legal definitions






























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Technology

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Human Resources

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Relevant Roles

Chief Executive Officer

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Industries










Teams

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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