Employment contract with a resolutive condition

A resolutive condition in an employment contract can terminate the agreement immediately if a specific event occurs — for example, if a driver loses their license. According to settled case law, such a condition is permitted, but only under strict conditions. If the condition is incorrectly formulated or not invoked promptly, its effect lapses. Below, you can read when a resolutive condition is valid and how to apply it correctly.

What is a resolutive condition in an employment contract?

A resolutive condition ensures that the employment contract ends automatically and with immediate effect as soon as a predetermined event occurs. If the condition takes effect, no notice period applies and no dismissal procedure is required. A classic example: a driver in the transport sector who loses his driving license after driving under the influence. It is crucial that the condition is formulated crystal clear and that the employee knows exactly what is expected of him.

When is a resolutive condition valid?

The Supreme Court permits a resolutive condition but sets strict requirements (ECLI:NL:HR:1992:ZC0535). The condition must meet all of the following points:

• Not contrary to the dismissal system. The condition may not circumvent statutory dismissal law.
• Objectively occurring. The occurrence of the condition must not depend on the subjective will or judgment of the employer.
• The agreement becomes meaningless. Due to the fulfillment of the condition, the employment contract must effectively become pointless — the employee can then no longer perform his duties.

Due to these requirements, not every resolutive condition is valid. For example, you cannot include a clause stating that the employment contract terminates as soon as a secretary gets married. However, if retaining a driver's license is truly indispensable for the position, a resolutive condition is possible. The same applies, for example, if a valid Certificate of Conduct (VOG) is of essential importance for the position.

Act quickly: otherwise the condition will lapse

If there is a reason to invoke the resolutive condition, you must act quickly. If you allow the employee to continue working initially — for example, in the warehouse, where no driver's license is required — the condition loses its effect and you will no longer be able to rely on it later.

Giving a second chance: is that allowed?

As an employer, you may grant a favor, for example, giving the employee the opportunity to retake their driving test within a certain period. In doing so, it is important that you:

1. specifies a concrete and reasonable period;
2. expressly stipulates that the employment contract will be terminated if the employee fails to obtain a driver's license in time.

The Rotterdam sub-district court ruled in a similar favor that granting such a second chance does not cause the resolutive condition to lose its effect (ECLI:NL:RBROT:2021:5162). By carefully documenting this, you therefore retain the possibility of still invoking the condition.

Resolutive condition regarding diplomas yet to be obtained

A resolutive condition can also be useful if an employee still needs to obtain a driver's license, diploma, or certificate and you offer support in doing so. The employee is then given a certain amount of time or a number of chances to meet the requirement. Here, too, clear and objective wording is essential.

Frequently Asked Questions

Does a notice period apply to a resolutive condition?

No. If the dissolving condition validly occurs, the employment contract terminates by operation of law, without a notice period and without dismissal proceedings.

May I include any event as a resolutive condition?

No. The condition must not conflict with the dismissal system, must take effect objectively (independent of the employer's will), and must render the employment contract meaningless. A condition such as “ends upon marriage” is therefore not valid.

What happens if I wait too long to call in?

In that case, the condition may lose its effect. If you allow the employee to continue working despite the condition being met, you cannot invoke it later.

May I give an employee a second chance without forfeiting the condition?

Yes, provided you agree on a concrete and reasonable timeframe and explicitly stipulate that the agreement will still terminate if the employee fails to comply on time.

Need a tailored employment contract?

A resolutive condition is truly a custom job: a minor error in the wording or execution can render the entire condition unusable. Therefore, seek legal advice beforehand.

Our employment law draft a suitable employment contract and ensure that your resolutive condition holds up legally. Schedule a no-obligation intake consultation.