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At the end of an employment relationship, you must provide an employee with a certificate of employment, but only if he requests one. By law, the certificate must in any case state the nature of the work, the duration of employment, and the start and end dates (Article 7:656 of the Dutch Civil Code). An incorrect, unnecessarily negative, or refused certificate of employment can make you liable. You may not deviate from these rules to the detriment of the employee.
It is true that you must provide a certificate of employment at the end of the employment relationship — but only at the request of the employee. It must meet legal requirements, and doing this correctly is important, otherwise you could be held liable.
Required and optional content
The obligation follows from Article 7:656 of the Dutch Civil Code, which also determines the content. The following are mandatory: the nature of the work performed, the working hours (per day or per week), and the start and end dates of the employment.
Optionally — and only if the employee wishes — you may state how he fulfilled his obligations, how the employment contract was terminated, and why you terminated it. For example, if the employee does not want the reason for termination included, you may not mention it.
Liability in the event of an error or negative testimonial
The employee usually uses the certificate of employment to find a new job more easily; with it, he demonstrates his career. Precisely for this reason, it must not contain inaccurate information. The law stipulates that you may be liable for damages caused by inaccurate information: if you are too positive and the employee is hired wrongly as a result, the new employer can hold you accountable. The departing employee can also hold you accountable if you include unnecessarily negative information or refuse to draw up a certificate of employment.
Deviating agreements
You may not stipulate in the employment contract, for example, that no certificate of employment will be provided or that it be more concise than required by law: deviating to the detriment of the employee is prohibited. However, it is permitted to do so in their favor. Especially in the case of termination by mutual consent, it is often agreed in a settlement agreement that a positively worded certificate of employment will be provided—after all, a bare certificate has little added value. Such agreements in the employee's favor are valid, but lying is not allowed.
Frequently Asked Questions
Do I always have to provide a certificate?
Only if the employee requests it. If he does, you are obliged to provide a certificate that meets the legal requirements.
What is the minimum requirement?
The nature of the work, the working hours, and the start and end dates of the employment. Additional (positive or negative) information only if the employee so wishes.
Can I be held liable for a certificate?
Yes. In the event of incorrect information, an unnecessarily negative reference, or refusal, you may be liable to the new employer or the employee.
Assistance with certificate of employment and settlement agreement
The employment lawyers at MKB Juristen draft a proper certificate of employment or a settlement agreement with terms regarding the certificate. View our expertise in employment law or schedule a phone appointment.
