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

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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.

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Patrick

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Emre

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Rob

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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?

Before sending the notice, you make a few substantive choices. These determine which conditions you establish and whether the continuation entails risks.

Choice or question Why this matters legally
Continue for a fixed or indefinite period? For a fixed term, you state the exact duration; for an indefinite term, the end date is omitted and different dismissal rules apply.
Will the terms of employment remain the same? If you change salary, hours, or position, clearly document the new conditions to avoid disputes.
How many temporary contracts have there been already? With the third contract or after more than three years, the chain clause may give rise to a permanent contract.
When does the current contract end? The notice must reach the employee no later than one month before that end date to avoid the penalty.
How do you send the notice? Choose a verifiable method (registered mail or email with confirmation) so that the date of receipt is established.
Clauses and provisions

Which elements belong in a notice of continuation of the employment contract?

A proper notice is brief but complete. The following elements ensure that the continuation is legally sound and that the employee knows exactly where he or she stands.

Provision Relevant to Legal point of attention
Party details Always Full name and address of employer and employee, so that it is clear who the agreement concerns.
Reference to current contract Always Date and reference number of the existing employment contract and its end date.
Notice of continuation Always Explicit confirmation that the employment will be continued after the end date.
Conditions for continuation Always The conditions under which continuation takes place: unchanged or modified salary, hours, and position.
Duration of new period Always Whether it is continued for a fixed period (and for how long) or for an indefinite period.
Date of notification Always The date of dispatch, to demonstrate that the one-month deadline has been met.
Signature Recommended Employer's signature and, if applicable, the employee's confirmation of receipt as proof.
Chain determination check With multiple contracts Indication whether a subsequent temporary contract falls within the chain and may become indefinite by operation of law.
Use in practice

How do you use this document correctly?

The value of the notice lies in the timing and the verifiability. Follow these steps to issue the notice without risk.

Situation What should you do? Point of attention
No later than one month before the end date Send the written notice to the employee. In the event of late dispatch, you owe (part of) the notification fee.
Upon shipment Keep a proof of shipment and receipt. You must be able to demonstrate that and when the notification was received.
In the event of changed conditions Have the employee sign for approval. A signed agreement prevents later discussion regarding the new terms.
After continuation Add the notification to the personnel file. The file constitutes your proof that the notification obligation has been fulfilled.
Common mistakes

Common mistakes

Things often go wrong regarding timing and evidence surrounding the notification. These errors lead to unnecessary costs or ambiguity.

Wrong Consequence Better approach
Notifying too late Notice payment of (part of) a gross monthly salary. Set a reminder well before the one-month deadline and send on time.
Continue verbally only No proof and possibly compensation still due. Always record the continuation in writing.
Do not keep proof of shipment You cannot prove timely notification in a dispute. Send verifiable evidence and archive the proof.
Overlooking chain provision Unintentionally a permanent contract arising by operation of law. Count the number of contracts and the total duration before you proceed.
Do not record amended terms and conditions Lack of clarity and conflict regarding salary or hours. Describe every change explicitly and have it signed.
Risk profile

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

The right approach depends on your situation. Below are the most common cases and the corresponding points of attention.

Risk profile Example Focus in the document
Continue first temporary contract A contract of six months or longer is expiring and you wish to renew. Ensure that the written notice is sent on time.
Continue with new conditions You want to continue, but at a different salary or with different hours. Clearly document the amended terms and conditions and have them signed.
Third or long-term contract Multiple temporary contracts or more than three years have already passed. Check the chain clause to avoid an unintended permanent contract.
Doubt about continuing You do not want to renew permanently yet. A notice of continuation obligates you; first consider a notice of termination.
Additional documents

When is this document not enough?

The notice only regulates the continuation and the term. In the following situations, you need a different or additional document.

Situation Supplementary document Why
Situation Related document Explanation
You wish to proceed under amended conditions Employment contract In the event of substantial changes, it is better to draw up a new employment contract.
The employee is granted access to sensitive information Confidentiality Agreement Establish a separate confidentiality clause alongside the employment contract.
There are outstanding claims or disputes Legal assistance In the event of an employment dispute or payment issue, engage our legal experts.
Explanation of this document

Drafting notice of continuation of employment contract, why?

Not every entrepreneur knows exactly what a notice of continuation of the employment contract entails, when you need them, and which risks they must cover. Therefore, we explain below what this document involves, what you should look out for, and why customized legal advice is important.

What is the notice of continuation of the employment contract?
The notice of continuation of the employment contract is the written communication from the employer to the employee in which, no later than one month before the expiration of a temporary contract, the employer indicates whether they wish to continue the employment contract and, if so, under what conditions. This obligation—the so-called notification obligation —is laid down in Article 7:668 of the Dutch Civil Code and applies to all temporary employment contracts of six months or longer. The aim is to provide the employee with timely certainty: if they know in time that their contract will not be extended, they can start looking for other work in a timely manner. The notification obligation is mandatory law. If the employer fails to comply with the notification obligation—too late, verbally, or not at all—they owe the employee a notification compensation of up to one month's salary, regardless of whether or not the contract is continued. Our employment lawyers draft a legally correct notification for you, advise you on the notification obligation for your specific contract types, and help you prevent a forgotten or incorrect notification from costing you a month's salary.
For which contracts does the notification obligation apply?
The notification obligation applies to all temporary employment contracts with a contract duration of six months or longer where the end is set on a calendar date. This also applies to a second or third temporary contract, and to a temporary contract entered into following a contract for an indefinite period. The notification obligation does not apply to contracts shorter than six months, to contracts where the end is not set on a calendar date but at a specific moment, such as the duration of a project or the duration of a sick leave replacement, and to employment contracts containing an agency-based clause. If a temporary contract includes a calendar end date in addition to an end moment, the notification obligation does apply with regard to that calendar date. Are you unsure whether the notification obligation applies to your specific contract type? Our employment lawyers will assess this for you.
When must you give notice and how do you calculate the period?
The employer must give notice no later than one calendar month before the end date of the employment contract. One calendar month means: if the contract ends on March 31, the notice must be received by the employee no later than February 28 — not sent, but received. The receipt theory of Article 3:37 paragraph 3 of the Dutch Civil Code applies to the notification obligation: late delivery by PostNL or a spam filter that blocks a notification email is at the employer's expense and risk. Notice may also be given earlier — even on the first day of the contract. The earlier you give notice, the more certainty you have that the notice has been received on time and the smaller the risk of a notification payment. Our lawyers advise you to always plan the notification time well in advance and to keep a confirmation of receipt.
What must be included in a correct notice of continuation?
A notice to the effect that the employment contract is being continued must contain at least two elements: firstly, the statement that the employment contract is being continued, and secondly, the conditions under which this occurs — the duration of the new contract, the salary, and other terms of employment. If the employer states that he wishes to continue but does not provide the conditions, this is considered an invitation to negotiate. If the parties do not reach an agreement on the new conditions before the end date, the employment contract will automatically be continued under the old conditions for a maximum of one year pursuant to Article 7:668 paragraph 4 of the Dutch Civil Code. A notice of a conditional nature — "if you continue to perform well" — does not satisfy the notification obligation, because the employee then has no certainty. Our lawyers will draft a notice for you that meets all content requirements.
Are you allowed to give notice via email or WhatsApp?
The law mandates written notification, but case law has repeatedly established that notice given via email or WhatsApp satisfies the written requirement. However, the burden of proof rests entirely with the employer: they must be able to demonstrate that the notification reached the employee in a timely manner. With WhatsApp, this can be demonstrated by the blue check marks confirming that the message has been read. With email, a read receipt or a reply from the employee can serve as evidence. If this evidence is lacking, the court will rule that the notification obligation has not been met, even if the employer claims to have given notice. Oral notification—including via a Teams meeting or a telephone call—does not, in principle, satisfy the written requirement and, if disputed, almost always results in a notification compensation payment. Our lawyers advise you to preferably opt for registered mail and confirmation via email.
What is notice in advance and what are the advantages and disadvantages?
Notice in advance is a notice that the employer includes in the employment contract itself immediately upon entering into the employment agreement, stating that the contract will not be continued after its expiration. This is legally permissible and has the advantage that the employer can never forget to issue a notice. However, the disadvantage is significant: by giving notice in advance that the contract will not be continued, the employer owes the transition payment — even if it concerns a first short-term contract. If the employer wishes to continue the contract later on, he must still send a new written notice outlining the terms for extension. Our lawyers advise you on the balance between the certainty of a notice in advance and the financial consequences thereof in your specific situation.
What is the notice payment and how is it calculated?
The notice payment amounts to one gross monthly salary if the employer has not given notice at all. In the event of late notice, the compensation is calculated pro rata: if the employer is ten days late and the month has thirty days, the compensation is ten-thirtieths of a monthly salary. The gross monthly salary for the calculation is the basic hourly wage multiplied by the agreed working hours per month, excluding holiday pay, overtime allowance, year-end bonus, or profit sharing. For on-call contracts and min-max contracts, the wage is calculated based on the average of the twelve months preceding the end date, or shorter if the contract lasted for a shorter period. The employee must claim the notice payment within two months after the end date of the employment contract, under penalty of forfeiture. If he fails to do so in a timely manner, he loses his entitlement. Our lawyers will calculate the exact notice payment for you if you have given notice too late or not at all.
What happens if the employer withdraws a notice of continuation?
If the employer has given notice that he wishes to continue employment and has stated the specific conditions, the notice counts as a legally valid offer to the employee. If the employee accepts that offer, a new employment contract has been established, and the employer can no longer unilaterally withdraw from the continuation without terminating or dissolving that new agreement. If the employer withdraws his notice of continuation less than one month before the end date—for example, because the position is eliminated after all—he is still liable for the notice payment. If the employer has given notice of a desire to continue but has not yet communicated the conditions, this constitutes an invitation to negotiate, which he can in principle still withdraw, albeit not without consequences. Our lawyers advise you on your legal position if you wish to revise a notice that has been given.
What is the interplay between the notification obligation and the chain rule?
The notification obligation and the chain rule of Article 7:668a of the Dutch Civil Code are separate but overlap in the case of a series of temporary contracts. The chain rule stipulates that an employment contract for an indefinite period arises by operation of law after a maximum of three consecutive temporary contracts within three years, or after more than three years of temporary contracts. The notification obligation applies separately to each individual link in the chain if the contract lasts six months or longer. If an employer forgets to give notice regarding an intermediate link, he owes the notification compensation, even if the contract in the chain is extended. If the end of the chain is approaching and the employer does not wish to enter into a contract for an indefinite period, the notification of the last temporary contract must be given with particular care — a mistake here leads not only to notification compensation but possibly also to an unintended contract for an indefinite period.
How much does it cost to draft a notice of termination at MKBjuristen?
We work transparently and pragmatically. We draft a notice of continuation of the employment contract following a brief intake during which we map out your contract type, the end date, and the desired conditions for extension. Based on this, we prepare a notice that meets all legal requirements and provides maximum evidentiary protection. Do you have multiple temporary contracts in your organization that are expiring soon? Then we can handle the notices for you in bulk at a competitive rate. Contact us for a no-obligation estimate.
How does it work at MKBjuristen?
After a brief intake, our employment lawyers map out your contract portfolio, end dates, and your wishes regarding extension. Based on this, we draft correct notices of termination—for both continuation and non-renewal—that meet all procedural and substantive requirements of Article 7:668 of the Dutch Civil Code. We also advise you on the safest method of sending and retain proof of timely receipt for you. Have you missed the notice period, or are you unsure whether you have given timely and correct notice? We will then assess your situation and advise you on the steps to take—from voluntary payment of the notice compensation to defense in wage claim proceedings.
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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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
  • Continuing to use old documents while the company has changed
  • Not knowing how the document should be used correctly in practice

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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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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