Termination Agreement: Everything You Need to Know

Questioner

I have a six-month contract with the company where I work. Now my employer wants to terminate this contract by means of a termination agreement with mutual consent. this agreement states the following article 1 reason 1. the employee works as of 1 April 2014 on the basis of an employment contract as ... with the employer and earns ... gross per month. This amount is exclusive of holiday pay and other employment conditions. 2 the employer takes the initiative to terminate the employment relationship with the employee. there is no urgent reason for this initiative as referred to in article 7:678 BW. 3 The employer wants to terminate the employment relationship with the employee because there is an irresolvable difference of opinion. The employer and the employee disagree about the way in which the employee should do his work. 4 The employee initially indicated that he wanted to remain employed. Both parties consulted on this several times. The result of this was that neither the employer nor the employee saw any possibilities to continue the employment relationship. Both parties therefore agreed to terminate the employment contract. The agreements they made in this regard are recorded in this agreement. Article 2 the agreements 1 the employment contract ends by mutual consent on August 1, 2014 the notice period has been taken into account upon termination. 2 before the termination date, the employee takes her vacation days. 3 The employer pays the employee his salary until the end of the employment. The employee also builds up holiday pay and vacation days until that moment. 4 The employer shall draw up the final financial statement of the employment relationship no later than 1 August 2014. This statement shall include an overview of: - vacation days that the employee has accrued but not taken; - holiday pay that the employee has accrued; All costs from this overview will be settled at the same time. This will happen no later than 1 August 2014. The employee will receive a specification from the employer at the same time as the settlement. 5. After the final financial settlement, the employer and employee have no further claims against each other. They grant each other final discharge. Is this a good agreement? And do I qualify for unemployment benefits and benefits??? and is it wise to enter into such an agreement anyway? (i'm really a nitwit in this field, sorry for the stupid questions!!)

Lawyer

anonymously

Lawyer

The agreement is in order as far as your benefit rights are concerned. Severance pay is not an issue. However, it is advisable to include in the case of non-competition clauses etc. that these will lapse.