Under Dutch law, an employer who does not want to renew a fixed-term contract is required to inform the employee in writing at least one month before the contract ends. If the employer does not do this, the employee is entitled to the so-called notice payment. This compensation is up to a maximum of one gross monthly salary. The legislator has determined that a notice must be in writing to prevent misunderstandings (as far as possible). In the past, it has already been ruled that a WhatsApp message or a message on LinkedIn meets the written requirement. At the end of April 2021, the district court in Utrecht ruled that a letter of employment for a mortgage application can also be a legally valid, written notice!
The employee in question was employed for a fixed period. In order to be able to close a mortgage, the employee asked the employer for a letter of employment and a few months before the contract would expire, the employee received that letter of employment. The employer had checked on the letter of employment that the contract with the employee would not be renewed.
Shortly after the employment contract had come to an end, the employee sent the former employer a letter claiming the notice payment. The employee was of the opinion that the employer had not notified in writing that the fixed-term employment contract would not be renewed, but the district court did not agree with the employee. A check in a letter of employment is also a written notice.
Do you want to know if your employer has notified you correctly or do you want to know how to notify correctly? Contact Nejla Ugur.