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For a temporary contract of six months or longer, an employer must give written notice no later than one month before the end whether the employment contract will be continued (Article 7:668 of the Dutch Civil Code). If the employer fails to do so in writing — even if he communicates it verbally well in advance, for example via Microsoft Teams — the notification payment is due. This obligation is mandatory law; reasonableness and fairness offer no way out.
Due to the coronavirus, we are working from home en masse and using platforms such as Microsoft Teams. In one case, an employer gave notice via Teams, after which the employee nevertheless demanded notice pay because it was not done in writing (ECLI:NL:RBROT:2021:3842).
The case: verbal notification via Teams
An employee commenced employment on January 6, 2020, based on a employment contract (up to and including January 5, 2021). On October 30, 2020, the employer announced during a Teams meeting that the contract would not be extended. In January 2021, the employee argued that no written notice had been given and demanded the notice payment.
The obligation to give written notice is mandatory law
The employee invoked Article 7:668 paragraph 3 of the Dutch Civil Code: the employer must notify the employee in writing no later than one month before the end whether the employment contract will be continued. The employer considered reliance on this unacceptable: he had given verbal notice well in advance, the employee became upset during that conversation (hence no written confirmation), and he had even done more than required, such as offering a career aptitude test.
The Rotterdam District Court, however, adhered to the law: the obligation to give written notice is mandatory. The mere absence of a written document is sufficient grounds for the notice compensation, and reasonableness and fairness play no role in this. Even if the employee had already held another job, the compensation was due.
The absence of one banknote costs nearly 4,000 euros
The employer was ordered to pay the notice period compensation, statutory interest, and legal costs — totaling nearly 4,000 euros due to the lack of a written document. The lesson: always give written notice, even if the situation is clear or the employee is upset.
Frequently Asked Questions
May I give notice verbally or via Teams?
That is unwise. The notice must be given in writing; an oral notification, even via Teams, does not suffice and may result in the notice payment.
When does the notification obligation apply?
For a temporary employment contract of six months or longer. You must notify us in writing at least one month before the end whether you will continue, and if so, under what conditions.
Can I get out of the notice period payment for a good reason?
No. The obligation is mandatory law. The mere absence of written notice is sufficient for compensation, regardless of the circumstances.
Avoid a notice penalty
One missing notice can easily cost you severance pay. The employment lawyers at MKB Juristen draft a correct notice of dismissal for you. View our expertise in employment law or schedule a free consultation .
