Dismissal and Mutual Consent | Legal Aid Centre

Questioner

Under what reasonable grounds does this reason for dismissal fall (to be read further)? Consider the following: Refusal to work due to serious conscientious objection Disturbed employment relationship Other grounds (h-ground) In my opinion, no grounds for dismissal have been mentioned or does this fall under poor performance or not? 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. 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. The employee initially indicated that he wanted to remain employed. Both parties consulted about this several times. The result of this is that neither employer nor employee sees any possibilities to continue the employment relationship. Both parties have therefore agreed to terminate the employment contract. The agreements they make in this regard are recorded in this agreement. And I have another question regarding one of the agreements: The employment contract ends by mutual consent on xx-xx-xxxx. The notice period is discounted in the termination compensation. Question: is the one-month notice period (UWV requirement) in this text covered by this? Original one-year contract lasted another 2 months and is now being changed after 10 months of work into a settlement agreement by mutual consent including a very reasonable termination payment. There is no right to transition payment. Thanks for the advice

Lawyer

In order to give you good advice, it is important to be able to assess the underlying documents. Usually a wgr gives a fee to have this legally checked. Without further explanation, it is difficult to give you good advice. If you want my help, you can contact me directly.

Lawyer

If the employment contract is terminated by mutual consent, the statutory grounds for dismissal do not have to be met. It is an agreement in which the form is free as long as the agreement shows that the initiative comes from the employer, you are not to blame and there are no urgent reasons for dismissal. If the notice period is not observed but a higher compensation is awarded, you can use that compensation to bridge that month, because the WW will only start after the applicable notice period has expired.