Fresh from the audio press! CLINT | Littler Explains! – The Termination Clause Explained!
Every other week one topic of Dutch Employment & Labour Law is discussed by podcast host Jasper Hoffstedde and one of his colleagues. The listener gets easy and practical tips on how to best handle difficult or tricky situations. Today we present to you episode #2 – The Termination Clause Explained! – by Fleur van Lieshout
The termination clause
The termination clause seems an easy and straightforward clause; you simply invoke the clause and terminate employment, right? For the employee that is indeed in the case, but the employer has another hoop to jump through if the employee doesn’t want to agree to termination. He then has the obligation to substantiate the reason for termination, the so-called valid ground.
What is discussed?
In this episode, Fleur explains the abovementioned obligation for the employer, as well as other means to terminate the employment agreement, without having to comply with the strict Dutch dismissal regime. In the 60 second recap, the most important aspects of the termination clause are summarized. Lastly, if you were wondering why the termination clause is in fact a nice-to-have in the employment agreement, then keep listening for Fleur’s practical advice at the end.
Where to listen?
You can find CLINT | Littler Explains! on the major podcast channels:
Show notes and additional information
Listed below you will find the show notes for this episode. For an interesting read on the matter by our today’s speaker we refer you to her blogpost.
00:00:59 – kick-off; short summary of what will be discussed
00:01:42 – what does the termination clause entail?
00:02:26 – the necessity to substantiate a valid ground for termination
00:03:23 – if there is a valid ground, what options do you have to terminate?
00:04:30 – the consequences of not being able to substantiate a valid ground
00:05:11 – intermediate summary of the foregoing
00:05:37 – the exception: the summary dismissal, effectuating termination with immediate effect
00:06:03 – the value and necessity of including the termination clause; the notice period and prior termination
00:07:00 – how does the employee use the termination clause?
00:08:00 – 60 second recap
00:08:48 – practical advice, how to evade the strict Dutch dismissal regime?