Can I cancel my fixed-term contract prematurely?

Questioner

I currently have a one-year contract (fixed term) that runs until April 30, 2024. However, I have come to the conclusion that this is simply not the position for me for the following reasons: - I find the work too hectic, I can't cope well with it, it causes too much stress. - The travel distance has really started to bother me, it has too much of an impact on my work/private life balance. - I miss the nice connection with colleagues that I had with my previous employer. - I miss working with my hands, sitting behind the computer all day is unfortunately not for me.. For these reasons I continued to apply for jobs, and now I have received an offer from a potential new employer that I like. I would like to start there in March. My contract states the following: 'Article 3. Termination. Both parties have the option to terminate the employment contract prematurely, taking into account the statutory provisions and notice periods. Termination must take place by the end of the calendar month.' Now I read on the internet that with a fixed-term contract you need to make agreements for interim termination. If no agreements have been made about this, the contract simply expires automatically. On the other hand, I also saw somewhere that if no agreements have been made about a notice period, you simply have a notice period of 1 month. Can you please tell me if I am within my rights to terminate the employment contract with 1 month's notice? The text as it is in my contract can also be seen as an agreement? After all, it states in principle that both parties can terminate the employment contract prematurely.

Lawyer

What you have read is correct: normally a fixed-term contract cannot be terminated prematurely unless this has been agreed in the employment contract. This seems to be the case in your case, given the text in your contract in Article 3. It is explicitly stated here that both parties have the possibility to terminate the employment contract prematurely, taking into account the statutory provisions and notice periods. As for the legal requirements and notice periods: if nothing has been agreed in the employment contract about the notice period, the legal notice period applies. For the employee, this is usually one month. Based on the information you have given me, it does indeed appear that you can terminate your contract prematurely with a notice period of one month. It would be wise to give your termination in writing and ask for proof of receipt, so that you can prove that you have terminated correctly. However, I also advise you to discuss your situation with a lawyer or attorney to make sure you take the right steps and don't miss any important details.---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.