Statutory 14-day reflection period regarding the termination agreement

16/02 2016

Statutory 14-day reflection period regarding the termination agreement commences on the date of signature by the employee.

The Rotterdam Subdistrict Court Judge recently arrived at this ruling in a dispute on the question when the reflection period commences within which an employee can dissolve a termination agreement by means of a written statement to the employer. 

The employer took the position that that period commenced the moment the parties’ lawyers sent each other confirmation by email that the termination agreement had been accepted. The employee believed that that period did not commence until he himself had signed the written agreement. 

The wording of the law is unclear about the moment of commencement of the 14-day period. The judge found in this case, with reference to legislative history, that the 14-day reflection period had been recorded in the law in the employee’s interest. Legal security and the requirement of a written agreement furthermore mean that it is in the interest of both the employee and the employer to have a clear, demonstrable and specific moment when the reflection period commences. For that reason the moment of signature by the employee is decisive, in the judge’s opinion. 

Be sure to bear this in mind when you are negotiating with an employee!