Written Termination of Employment Contract Rotterdam: Complete Guide for Employer and Employee
A written termination of the employment contract is crucial in Dutch employment law, especially in a dynamic region like Rotterdam. Whether you are an employer or employee in the port city, correct termination requires knowledge of legal rules and procedures. This article provides a complete guide, including local institutions such as the District Court of Rotterdam (Wilhelminaplein 100-125) and the Legal Aid Office Rotterdam (Westblaak 180).
What is a Written Termination?
A written termination is a unilateral declaration by which the employer or employee ends the employment contract. Article 7:672 paragraph 1 of the Dutch Civil Code (BW) requires written form; oral termination or via WhatsApp is invalid. In Rotterdam, with its large labor market, this is essential for port workers, logistics personnel and office jobs.
Other ways to end: dissolution by the subdistrict court, settlement agreement or automatic termination (e.g. pension).
Legal Basis: Article 7:672 Dutch Civil Code
Main rule in Dutch Civil Code Article 7:672:
- Paragraph 1: Always in writing.
- Paragraph 2: Employer must hear the employee before termination.
- Paragraph 3: Justification required for employer.
- Paragraph 4: Additional requirements for dismissal by employer.
Employers in Rotterdam often need UWV permission or subdistrict court order (art. 7:669 BW), except in cases of urgent reasons.
Form Requirements for Valid Termination in Rotterdam
1. Written Form
- Paper letter with signature (standard).
- Send by registered mail (proof via PostNL).
- Email sometimes valid, but risky; avoid apps.
2. Justification Requirement
Employer justifies with facts, such as:
- Economic reasons (port recession).
- Disturbed relationship.
- Underperformance.
- Illness after 104 weeks.
Employee rarely needs to justify.
3. Hearing Requirement
Employer offers a meeting before the letter. In case of violation: termination invalid, possibly challenge via District Court of Rotterdam.
4. Notice Period
Depending on years of service, collective agreement (often strict in Rotterdam logistics) and law:
- Employees: min. 1 month.
- Employers: 1-6 months.
Sample Termination Letter by Employer (Rotterdam)
[Company Name, e.g. Port of Rotterdam Authority]
[Address, Rotterdam]
[Postal Code Rotterdam]
[Employee Name]
[Address]
[Postal Code]
Rotterdam, [date]
Subject: Termination of employment contract
Dear [name],
Hereby I terminate your employment contract as of [date], ending [end date] after [months] notice period.
Ground: [e.g. business economic reasons due to port contraction]. [Justification].
Meeting on [date] in fulfillment of hearing requirement.
In accordance with UWV permission [date, ref.], or subdistrict court District Court of Rotterdam [date].
Last working day [date]; return company property.
Yours sincerely,
[Signature]
[Name, Position]
Sample Termination Letter by Employee
[Your Name]
[Address, Rotterdam]
[Company Name]
[Address]
Rotterdam, [date]
Subject: Termination of employment contract
Dear [name],
I terminate my contract; ends [end date] after [months] notice period.
Last day [date]; handover arranged.
Thank you for the collaboration.
Yours sincerely,
[Signature]
[Name]
Differences Termination by Employer vs. Employee
Employers: UWV/Court of Rotterdam permission required, justification, hearing requirement. Employees: simpler, only notice period.
Local Assistance in Rotterdam
- District Court of Rotterdam: Wilhelminaplein 100-125 for proceedings.
- Legal Aid Office Rotterdam: Westblaak 180 for free advice.
- UWV Work Company Rotterdam for permissions.
Always consult a specialist for your situation.