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Employer's confirmation of termination of employmentbyemployee contract

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Mr. Jaime Boogaers
Mr. Jaime Boogaers
Corporate Law
Attorney, 16 years of experience

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Is your document outdated, copied, generated with AI, or no longer suitable? We check and adjust the document.

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About us

Our expertise

Our lawyers and in-house counsel specialize in drafting, reviewing, and amending legal documents and contracts. We look not only at the legal text but also at how you use the document in practice.

Custom solutions for your industry

Every business operates differently. That is why we take your industry, customers, working methods, and specific risks into account.

Our facts

  • Active since 2001
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Reviews (21)

Maarten

Professional approach without unnecessarily complicated language. The discussion regarding specific non-compete clauses was handled very professionally. The final result aligns 100% with our high standards.

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Sarah

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Dennis

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Chantal

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We ran into a complex contractual issue, but were helped quickly. They understood that, as a startup, we have different needs than an established corporate. Everything was delivered neatly and on time.

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Meet our office

Our ContractCheck, simply explained what can all go wrong.

Why MKB Juristen?

Since 2001, we have been active as a no-nonsense legal firm for entrepreneurs. We quickly get to the heart of the matter: with a thorough assessment, clear answers, and a document that works practically.

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Why customization?

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The founders of MKB Juristen

Our organization consists of several small teams working within various legal fields. Each legal field has its own senior in-house counsel and/or lawyers.

Denian Wielhouwer

Corporate lawyer in corporate law & business expert

Denian Wielhouwer

Annelore Hendriks

Corporate lawyer, corporate law, administrative law

Annelore Hendriks

Ilja van Driel

Corporate law attorney, employment law

Ilja van Driel

Jaime Boogaers

Corporate law, ICT & privacy law, energy law attorney

Jaime Boogaers
Custom choices

Which choices determine the content?

The content of the confirmation depends on a number of factual and legal choices. The questions below will help you structure the letter correctly.

Choice or question Why this matters legally
Did the employee resign in writing or verbally? In the case of a verbal termination, the confirmation is particularly important as proof; if necessary, request written confirmation from the employee themselves.
Has the notice period been applied correctly? In principle, a notice period of one month applies to the employee, unless the employment contract or collective labour agreement stipulates otherwise; the end date follows from this.
Is it being cancelled at the end of the month? Termination generally takes effect at the end of the month, unless a different day has been agreed in writing; this determines the exact end date.
Are termination agreements still necessary? If the parties make additional agreements regarding, for example, exemption from work or a severance payment, opt for a separate termination agreement.
Do post-contractual clauses apply? Check whether a non-compete, non-solicitation, or confidentiality clause continues after termination and mention this in the confirmation.
Clauses and provisions

Which components should be included in an employer's confirmation of the termination of the employment contract by the employee?

A confirmation of termination is brief but must unambiguously record all relevant facts. The elements below ensure that the letter retains its evidentiary value.

Provision Relevant to Legal point of attention
Party details Always Full name of employer and employee, plus the personnel number or position, so that the letter is uniquely linked to the correct employment.
Reference to the termination Always Date and manner in which the employee resigned (letter, email, or verbally), so that it is clear that the initiative lay with the employee.
End date of employment Always The last working day and the date on which the employment contract ends, calculated taking into account the employee's notice period.
Notice period Always Confirmation that the statutory or contractual notice period for the employee has been observed or that the parties deviate therefrom.
Settlement Often Agreements regarding final settlement, vacation days, return of company property, and any non-compete or confidentiality clause.
Certificate and reference Optional Statement that the employee is entitled to a certificate of employment and how this is provided.
Lock fastening Always Confirmation that the employer accepts the termination and the employee is thanked for their employment, dated and signed.
Contact person Optional Name and details of the person the employee can contact for questions regarding the settlement.
Use in practice

How do you use this document correctly?

The value of the confirmation lies in the right timing and careful shipping. Follow the steps below.

Situation What should you do? Point of attention
Immediately after cancellation Send the confirmation as soon as possible after receiving the cancellation The shorter the term, the less room for discussion regarding the content and date of the termination.
Upon shipment Send by registered mail or email with confirmation of receipt You can then later demonstrate that and when the employee received the confirmation.
After calculation of term Check the end date against the notice period and CLA before sending An incorrect end date can lead to continued payment of wages or a dispute regarding the final settlement.
Upon completion Keep a signed copy in the personnel file The file serves as evidence for later questions from the employee, the UWV, or the accountant.
Common mistakes

Common mistakes

When confirming a cancellation, things often go wrong on the same points. You can easily avoid the errors below.

Wrong Consequence Better approach
Do not send a written confirmation Uncertainty regarding whether and when termination occurred, with the risk of a wage or unemployment benefit dispute Always confirm every cancellation in writing and dated.
Using the wrong end date Ending too early entitles you to wages, ending too late unnecessarily prolongs obligations Calculate the end date based on the correct notice period and the collective labor agreement.
Treat termination as dismissal by the employer Confusion about who terminated the contract can lead to a transition payment or an unemployment benefit claim Explicitly state that the employee resigned voluntarily.
Post-contractual clauses forgotten Non-compete or confidentiality obligations remain unmentioned and are disputed later In the letter, point out the conditions that remain valid after the end.
Do not specify final settlement Lack of clarity regarding vacation days and final salary leads to conflicts Briefly state how and when the final settlement will take place.
Risk profile

What is your situation and what do you pay attention to?

The points of attention vary by situation. Identify your situation and the corresponding focus below.

Risk profile Example Focus in the document
Oral termination The employee resigned during a conversation without putting anything in writing Confirm promptly in writing and ask the employee to confirm the termination or to report otherwise.
Cancellation in emotion The employee resigned in a heated situation Grant a short cooling-off period and verify whether the cancellation was intended to be clear and unambiguous.
Short notice period desired Employee wants to leave earlier than the notice period allows Record any agreement to a different end date in writing.
Current terms A non-compete or confidentiality clause applies Confirm which obligations remain in effect after the end of the employment.
Additional documents

When is this document not enough?

Sometimes a simple confirmation is not sufficient, and you need a more extensive document or legal advice.

Situation Supplementary document Why
Situation Related document Explanation
The parties make additional agreements regarding the termination Termination Agreement In the event of exemption from work, compensation, or final discharge, you record this in a termination agreement.
There is a disagreement regarding salary or final settlement Debt collection If the settlement remains unpaid or a dispute arises, you can have the claim collected.
The situation is legally unclear Legal assistance In case of doubt regarding the validity of the termination or if a conflict is imminent, personal legal advice is advisable.
Explanation of this document

Drafting an employer's confirmation of the employee's termination of the employment contract: why?

Not every entrepreneur knows exactly what an employer's confirmation of termination of the employment contract by an employee entails, when you need it, and which risks it must cover. Therefore, we explain below what this document involves, what you should look out for, and why customized legal solutions are important.

What is a confirmation of termination by the employee?
An employer's confirmation of the termination of the employment contract by the employee is the written response from the employer after an employee has terminated their employment. The employee has terminated their employment contract verbally or in writing; the employer confirms receipt and the consequences of that termination. Although an employment contract can also be terminated verbally, a written confirmation from the employer is of great importance to both parties. It establishes the end date of the employment, confirms the notice period observed or to be deviated from, arranges for the settlement of vacation days and other entitlements, and serves as proof that the initiative for the departure lay with the employee — a crucial element for the employee's unemployment benefit application and for the employer in the event of any subsequent disputes. Our lawyers draft a proper confirmation letter for employers that formally anchors the termination, confirms the end date, settles remaining obligations, and minimizes the risks of a later challenge by the employee.
Why is a written confirmation important for the employer?
An oral termination by the employee is legally valid but creates evidentiary problems. The employee may later claim that he threatened dismissal but did not actually resign, that the resignation occurred under duress, or that he did not fully understand the consequences. If the employer has not sent a written confirmation and the employee disputes the termination, the employer faces a serious problem regarding proof and liability: has the employment contract ended or not? An employer who continues as if the employment contract has ended risks a wage claim and an obligation to continue paying wages if the court rules that the termination was not legally valid. The confirmation letter creates written proof of the termination, the date on which the employee resigned, the agreed end date, and the notice period observed. Our lawyers will draft a confirmation letter for you that also serves as evidence in any potential legal proceedings.
How do you arrange the notice period and end date in the confirmation?
The notice period for termination by the employee is one month, unless a different period has been agreed upon in the employment contract or collective labour agreement. The employee may use a shorter period if the employer agrees to this. The confirmation letter must state the notice period used and calculate the exact end date based on the termination date. Please note: the notice period generally runs until the end of the calendar month. If an employee terminates on April 10 with a notice period of one month, the agreement ends on May 31 — not May 10. The confirmation letter must also specify whether the employer exempts the employee from work during the notice period and whether this exemption takes place by mutual consent or is imposed unilaterally by the employer. Our lawyers calculate the correct end date and draft a confirmation letter that correctly records the deviation from the statutory period if the parties have agreed on a shorter period.
What do you arrange in the confirmation regarding vacation days, bonuses, and other entitlements?
The confirmation letter is the perfect moment to settle all outstanding claims before the employee has left the premises and discussions regarding remaining entitlements become more difficult. Vacation days: how many outstanding vacation days does the employee have; will these be taken during the notice period or paid out upon departure? The employer cannot compel the employee to take vacation days without their consent, but can propose in the confirmation to offset the outstanding days against the remaining wage days during the notice period. Bonus entitlements: is the employee entitled to a bonus for the current year or part thereof, and how is it calculated? The lease car, laptop, and telephone: when must these be returned? And final discharge: if the employer desires mutual final discharge, this must be included in the confirmation letter and signed by the employee. Our lawyers draft a confirmation letter that settles all outstanding claims fully and legally correctly.
How do you prevent the employee from later challenging the termination as involuntary?
A particular risk associated with termination by the employee is the subsequent challenge to the claim that the termination was not voluntary. The employee may argue that they were pressured, that they were left with no other choice but to resign, or that there was a case of error. In that case, the court may rule that the termination was in fact a dismissal by the employer — with all the associated employment law consequences: a transition payment, proceedings before the UWV (Dutch unemployment agency), or the subdistrict court. Your confirmation letter must confirm the voluntary nature of the termination by stating that the employee resigned on their own initiative, that they were given the opportunity to seek legal advice, and that they understood the consequences of the termination. If possible, combine the confirmation letter with a confirmation document signed by the employee. Our lawyers advise you on the measures that document the voluntary nature of the termination.
How does it work at MKBjuristen?
After a brief intake, our lawyers will draft a confirmation letter regarding the employee's resignation, which formally anchors the termination, confirms the correct end date, settles all outstanding claims, and minimizes the risks of a subsequent challenge. We also advise you on whether the employee's resignation gives rise to additional agreements — regarding a non-competition clause, the transfer of clients or knowledge, or a reference statement.
Are you unsure whether your document is legally correct? We would be happy to assess the sensible course of action: drafting, reviewing, or amending.
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Why not use a standard document?

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Explanation regarding the use of the document

A standard document seems cheap, until it doesn't fit your situation properly. That is why we provide custom legal solutions tailored to your business.

Custom solutions per industry and company

Every business operates differently and faces different legal risks. Therefore, we tailor the document to your industry, customers, agreements, and way of working.

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A legal document only has value if it suits your practice. That is why we look not only at the text, but also at how you use the document in your business.

Common mistakes with legal documents

A legal document often seems simple, but small errors can have major consequences later on. In practice, we see that entrepreneurs run the greatest risk when a document does not align well with their business, agreements, or way of working.

  • Using a standard document that does not suit the company
  • Forgot important agreements regarding payment, delivery, liability, or termination
  • Have a document generated without legal review
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A legal document only prevents problems if it suits your situation. That is why we look not only at the text, but also at your company, agreements, and risks.

Why is a standard document often not enough?

Because a standard document does not take into account your industry, customers, risks, and specific agreements, important provisions may be missing or not align well with your practice.

Can I create a legal document myself using AI?

AI can assist in creating text, but does not independently assess whether the document is legally appropriate, complete, and usable for your business. Legal review therefore remains important.

When do I need to have my document checked?

Have your document checked if your business has changed, you have new customers or services, you have doubts about existing agreements, or the document has not been updated for a long time.

Will I also receive an explanation about the use of the document?

Yes. We explain how to use the document in practice, what to look out for, and which steps are important to prevent disputes afterwards.

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Annelore Hendriks

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