Notice period in the Netherlands: statutory rules for employees and employers

The statutory notice period in the Netherlands is one month for an employee who resigns, and one to four months for an employer, depending on how long the employment has lasted: Article 7:672 of the Dutch Civil Code. Notice is given to the end of a calendar month, unless another day has been agreed in writing or follows from custom. The employee's period can be extended in writing to at most six months, in which case the employer's period must be at least twice as long. An employer must usually first obtain permission from UWV or the court before giving notice.

Notice periods at a glance

• Employee: one month (Article 7:672(4)).
• Employer: one month (less than 5 years), two months (5 to 10), three months (10 to 15), four months (15 years or more) (Article 7:672(2)).
• End of the month: notice runs to the end of a calendar month, unless agreed otherwise in writing (Article 7:672(1)).
• After UWV permission: the employer's period is shortened by the length of the procedure, but at least one month remains (Article 7:672(6)).
• Fixed-term contracts can only be terminated early if the contract says so in writing.
• Leaving too early costs compensation equal to the wage for the rest of the notice period (Article 7:672(11)).

On this page

What Is the Notice Period for an Employee Who Resigns?

One month, unless a different period has been agreed in writing (Article 7:672(4) and (8)). An employee with a contract for an indefinite period can resign at any time; the reason does not matter.

Resignation does not require the employer's consent, and there is no prescribed form, although resigning in writing is wise for proof. An employee who has reached state pension age has the same one-month period.

What Is the Notice Period for an Employer?

The employer's statutory notice period depends on how long the employment contract has lasted on the day notice is given (Article 7:672(2)).

An employer cannot simply give notice. For dismissal on economic grounds or long-term incapacity, it needs permission from UWV; on the other grounds, the subdistrict court dissolves the contract. The court then sets the end date at the date on which the contract would have ended with regular notice, minus the duration of the court procedure, with at least one month remaining, unless the employer acted seriously culpably (Article 7:671b(9)(a)). When UWV has given permission, the employer's notice period is shortened by the time between receipt of the complete application and UWV's decision, but at least one month remains (Article 7:672(6)). More: termination of employment in the Netherlands.

How Is the Notice Period Calculated?

Notice is given to the end of a calendar month, unless another day has been designated in writing or by custom (Article 7:672(1)). The contract then ends on the last day of the month in which the full notice period has elapsed.

For employees without fixed working hours, such as on a zero hours or on-call contract, the employee's notice period is the short period that also applies to calling them in for work (Article 7:628a), and the end-of-month rule does not apply (Article 7:672(5)).

Can the Notice Period Be Changed in the Contract?

Yes, within limits. The employee's notice period can be changed in writing; if it is extended, it may not exceed six months, and the employer's period must then be at least twice as long (Article 7:672(8)).

• The employer's statutory period can be extended in writing, but shortened only by a collective labour agreement (Article 7:672(7)).
• A collective agreement can shorten the employer's doubled period, but not below the employee's period (Article 7:672(9)).
• Example: an employee's period extended to two months means the employer's period must be at least four months.

A clause that extends the employee's period without doubling the employer's does not meet the statutory requirement. Check the collective labour agreement as well as the contract.

Can a Fixed-Term Contract Be Terminated Early?

Only if both parties have the right to terminate it early by notice, agreed in writing (Article 7:667(3)). Without such a clause, a fixed-term contract cannot be ended early by notice, other than during the probation period or for an urgent reason.

A party that nevertheless ends a fixed-term contract without an early termination clause owes the other party the wage for the time the contract would still have run (Article 7:677(4)). Parties can always end the contract early by mutual agreement.

When Can an Employee Resign Without Notice?

• During the probation period: either party can end the contract with immediate effect. A probation period is not allowed in contracts of six months or less; it is at most one month for contracts up to two years and two months for longer or indefinite contracts (Article 7:652). See the probation period.
• Urgent reason: either party can terminate immediately for an urgent reason, communicated without delay (Article 7:677(1)); see summary dismissal.
• Temporary agency work with an agency clause: while the clause applies, in the first 26 weeks of work, the agency worker can terminate immediately (Article 7:691(2) and (3)). See temporary agency work.
• By agreement: employer and employee can agree on any end date.

What Happens if Someone Does Not Respect the Notice Period?

The contract still ends on the date given, but the party that gave notice to an earlier date than applies owes the other party compensation equal to the wage for the period the contract should have continued (Article 7:672(11)).

An employee who should have stayed until 31 August but stops on 15 July therefore owes about one and a half months' wage. The same rule applies to an employer who gives too short a notice. Other contractual obligations can also come into play when an employee leaves, such as a study cost repayment clause, a non-compete clause or a non-solicitation clause.

Can Holiday or Garden Leave Be Used During the Notice Period?

Holiday is set in accordance with the employee's wishes unless there are weighty reasons against it (Article 7:638(2)); an employer cannot simply declare the notice period to be holiday. Holiday not taken by the end of the contract is paid out (Article 7:641).

An employer can release the employee from work during the notice period while continuing to pay the wage; see garden leave. The final pay settlement is explained in the final settlement.

Does Resigning Affect Unemployment Benefit?

In principle, yes. An employee whose employment ends at their own request is regarded as culpably unemployed, unless continuing the employment could not reasonably be required of them: Article 24(2)(b) of the Unemployment Insurance Act (Werkloosheidswet). UWV can then refuse unemployment benefit.

An employee who wants to leave without a new job can try to agree a settlement agreement in which the employer takes the initiative. An employee who signs one may dissolve it without giving reasons within fourteen days; if the agreement does not mention this right, the period is three weeks (Article 7:670b).

Key Legal Sources

• Article 7:672 of the Dutch Civil Code, notice periods
• Article 7:667 and Article 7:677, fixed-term contracts and immediate termination
• Article 7:652, probation period
• Article 7:691, agency clause
• Article 7:670b, withdrawal from a settlement agreement
• Article 24 Werkloosheidswet, culpable unemployment
• UWV: your rights on dismissal

Dutch Civil Code in English: Article 7:672 (notice periods for termination). All translated articles.