The reference letter (getuigschrift) under Dutch law
Every employee in the Netherlands has a statutory right to a reference letter (getuigschrift) upon the end of the employment relationship. This right is established in Article 7:656 of the Dutch Civil Code. The employee must request the reference letter; the employer is not obliged to provide one spontaneously. The right to a reference letter applies regardless of how the employment ended - whether by resignation, dismissal, expiry of a fixed-term contract, or by means of a settlement agreement.
Article 7:656 of the Dutch Civil Code prescribes the minimum content of the getuigschrift. It must state: the nature of the work performed; the period during which the work was performed; if the employee requests it, information about the manner in which the employee performed the work; and if the employee requests it, information about the reason for leaving. The employee may therefore choose not to have the reason for leaving included - which is often advisable in dismissal situations.
What the employer may and may not include under Dutch law
The employer must be truthful in the getuigschrift - it may not include false positive statements to get rid of a problematic employee. However, it also may not include statements that are misleading or that intentionally damage the employee's prospects. Dutch courts have held that an employer who provides a negative reference in bad faith - for example, as a form of retaliation - can be held liable for damages under Article 6:162 of the Dutch Civil Code (unlawful act, onrechtmatige daad). In practice, employers tend to provide neutral references rather than risk liability for an unduly negative one.
Reference letter in settlement agreements under Dutch law
In settlement agreement negotiations, the wording of the reference letter is a key negotiating point. The employee will typically seek an agreed positive reference. Many settlement agreements include the exact text of the reference letter as an annex, ensuring that both parties know precisely what will be communicated to future employers. If you are negotiating a settlement agreement, consult an employment lawyer to ensure the reference letter wording protects your future career prospects.
The statutory right to a reference letter is set out in Article 7:656 of the Dutch Civil Code: the employer must state the nature of the work, the period of employment, and - if requested by the employee - the manner of performance and the reason for leaving. The employee can choose not to have the reason for leaving included, which is often advisable after a dismissal or contested departure. An employer who provides a deliberately misleading or damaging reference can be held liable for damages under Article 6:162 of the Dutch Civil Code (onrechtmatige daad); in practice, employers therefore tend to provide neutral references to limit their exposure.
The statutory right to a reference letter is set out in Article 7:656 of the Dutch Civil Code: the employer must state the nature of the work, the period of employment, and - if requested by the employee - the manner of performance and the reason for leaving. The employee can choose not to have the reason for leaving included, which is often advisable after a dismissal or contested departure. An employer who provides a deliberately misleading or damaging reference can be held liable for damages under Article 6:162 of the Dutch Civil Code (onrechtmatige daad); in practice, employers therefore tend to provide neutral references to limit their exposure.