Permanent contract notice period: what are the rules?

The notice period is the period between the time your employer terminates employment and the date the contract actually ends.
At a permanent contract (indefinite period) legal rules apply, depending on the length of your employment.

A correct notice period is important. If your employer does not comply, this may have consequences for the transition payment or even for your right to unemployment benefits.

Statutory notice period for a permanent contract

The longer someone is employed, the longer the legal notice period for the employer.
According to the Civil Code, the following deadlines apply:

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Employees usually have a notice period of one month, unless otherwise agreed in the employment contract or collective labor agreement.

In case of uncertainty about your rights, a outplacement process help explore new opportunities when dismissal becomes inevitable.

Longer or shorter notice period

An employer may deviate from the standard terms, but only under strict conditions:

Longer notice period
This is allowed if it is written in the contract. The employer's notice period must then be at least twice as long as that of the employee.

Shorter notice period
A shorter period is only allowed if this is explicitly included in the collective labor agreement.

After the state pension age
There is a shortened notice period of one month.

Is dismissal due to a reorganization? Then read how you can properly guide employees in the article Outplacement during reorganization: this is how you help employees get started.

Procedural time and settlement

If the employer first goes through dismissal proceedings before the UWV or the subdistrict court, the duration of that procedure may be deducted from the notice period.
However, there must always be at least one month's notice.

Bee redundancy or long-term employment, this is common. You can read more about this in Explained redundant: what does that mean for you?.

Employee notice period under a permanent contract

Employees also have a notice period.
By default, this is one month, unless a different period is specified in the employment contract or the collective labor agreement.

Too short a notice period without the employer's consent may result in compensation.
Will the dismissal be arranged in consultation? Then there is often a settlement agreement whether dismissal by mutual consent. In that case, career guidance help you quickly find a new perspective.

Special situations

Probationary period
During the probationary period, both employer and employee can terminate the contract immediately. There is then no notice period.

Immediate dismissal
In the event of an urgent reason (such as fraud or violence), the notice period expires immediately.

Reorganization or dismissal with VSO
In the event of a reorganization or settlement agreement (VSO) the notice periods are often contractually defined.

Read also What is outplacement? to understand how post-dismissal counseling works in such a situation.

What can you do in the event of an incorrect notice period?

Does your employer not comply with the legal rules? Then you can:

• Object to the cancellation in writing;
• Get legal advice or have the cancellation reviewed;
• Possibly claim extra pay or compensation.

In case of doubt about your dismissal or the calculation of the notice period, you can receive legal advice without obligation via Care4Careers or opt for guidance via outplacement.

Summary

• The notice period for a permanent contract depends on the number of years of service.
• Employers may deviate from the law, but only with written agreements or collective agreements.
• There is no notice period during the probationary period or in the event of immediate dismissal.
• A correct notice period prevents legal and financial problems.

Bij het beëindigen van een vast contract is het belangrijk om de opzegtermijn in acht te nemen, vooral in het geval van ontslag.