How does filing a resignation work?


Questioner

I want to resign. My collective labor agreement states 'statutory notice period' and my contract states 'two months'. Which one should I keep, I would of course prefer to work out for only 1 month I have a 24-hour permanent contract. I have been employed for just over 3 years

Lawyer

The statutory notice period is 1 month (Article 7:672 of the Dutch Civil Code). However, it is possible to agree on a longer notice period with the employer. A cancellation must take place by the end of the month (if no other agreements have been made). If you were to cancel now and have a term of 1 month, the contract would end on December 31st. If you have agreed in the agreement that your notice period is two months, then that may be agreed. The notice period must then be double for the employer, i.e. 4 months. Do you know if there is a specific reason why there is two months in the agreement? Was this discussed with you separately? Please feel free to contact me if you have any questions or require legal assistance.

Lawyer

In addition to Uygur the following. With a notice period of 02 months for you, it must be 04 months for the employer. If that is not the case (as is usually the case), then the statutory notice period of 01 month applies.

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