A fixed-term employment contract is about to expire. You inform the employee that his contract will not be renewed and think that’s the end of it. In practice, however, things often go wrong under Dutch employment law with the notice requirement. A recent ruling by the Rotterdam District Court shows why. Giving notice is one thing, but can you also prove that it reached the employee in time?
What does the notice requirement entail?
Under the statutory notice requirement, for a fixed-term employment contract of six months or longer, you must notify the employee in writing no later than one month before the end date whether or not you intend to renew the contract. If so, you must also specify the terms and conditions.
If you fail to provide notice or do so too late, the employee may be entitled to compensation of up to one gross monthly salary. The obligation to give notice seems simple, yet it regularly gives rise to disputes.
“In writing” also means “verifiable”
This was also the case in a recent matter before the Rotterdam District Court. The employer argued that the notice letter had been posted in a timely manner on the AFAS online HR portal. The employee, however, disputed that he had received the letter.
The employer could not explain how the employee could have known that the letter was available to him. A message, email, or push notification may have been sent, but the employer could not provide proof of it.
This proved costly for the employer. The judge ruled that...
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