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

A termination agreement must not only stipulate that the parties are ceasing operations, but, more importantly, what applies and does not apply thereafter. Final discharge, outstanding obligations, restitution, confidentiality, and claims must be handled in a legally sound manner

  • For termination of cooperation, assignment, service provision, lease, distribution or other contracts
  • Attention to end date, settlement, payment, return, and transfer
  • Final discharge, confidentiality, claims, fines, and liability settled
  • Practically useful for amicable termination and conflict prevention

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About us

Our expertise in termination agreements

Our lawyers and in-house counsel assist entrepreneurs with termination agreements, settlements, settlement agreements, commercial exits, transfer of rights, and final settlement. We examine end dates, payment, final discharge, restitution, assignment, confidentiality, intellectual property, claims, fines, and liability.

Tailor-made solutions for your termination

The termination of a collaboration, assignment, distribution, agency, lease, IT, or shareholder relationship does not require the same agreements. Therefore, we tailor the termination agreement to your contract, dispute, financial settlement, and risks.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Experience with contract termination, settlements, and commercial exits
  • Attention to final discharge, payment, transfer, and ongoing obligations
  • Fixed rates in advance where possible
  • Customization
  • About us
from 99.- per document

Do you already have a document, but are unsure if it is still correct? We check content, risks, and practical usability.

  • Our legal expert spends 0.5 to 1.5 hours on the check
  • Telephone intake with a lawyer
  • Checks on content, risks, and practical usability
  • Attention to liability, payment, and termination
  • Concrete points for improvement and legal advice
  • Delivered within 3 working days, express delivery possible
from 249.- per document

Is your document outdated, copied, generated with AI, or no longer suitable?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

  • Our legal expert spends 1.5 to 2.5 hours checking and making adjustments
  • Telephone intake with a lawyer
  • Verification of the existing document
  • Adaptation to your business and working methods
  • Suitable for new services, customers, or risks
  • Delivered within 5 working days, express delivery possible

About us

Our expertise in termination agreements

Our lawyers and in-house counsel assist entrepreneurs with termination agreements, settlements, settlement agreements, commercial exits, transfer of rights, and final settlement. We examine end dates, payment, final discharge, restitution, assignment, confidentiality, intellectual property, claims, fines, and liability.

Tailor-made solutions for your termination

The termination of a collaboration, assignment, distribution, agency, lease, IT, or shareholder relationship does not require the same agreements. Therefore, we tailor the termination agreement to your contract, dispute, financial settlement, and risks.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Experience with contract termination, settlements, and commercial exits
  • Attention to final discharge, payment, transfer, and ongoing obligations
  • Fixed rates in advance where possible

Reviews (21)

Charlotte

The process started immediately after our agreement, without delays. Legal jargon was avoided where possible or explained in plain language. Everything was delivered neatly and on time.

Anouk

The initial analysis of our documents was razor-sharp. It was clearly indicated what we needed to pay attention to. A reliable partner who strives for perfection in their documents.

Aya

Communication was direct and efficient, exactly what we were looking for. The language in the contract was modern and clear, without archaic terms. The quality fully met our expectations.

Monique

The communication was smooth and professional. The advice regarding the collection terms in the terms and conditions was particularly useful for our cash flow. Fantastic value for money for this level of expertise.

Milan

From day one, there was open and honest communication. The lawyer pointed out aspects we hadn't considered ourselves. These documents will undoubtedly save us a lot of headaches in the future.

Richard

Our company's specific needs were listened to carefully beforehand. Despite the tight deadline, there was no compromise on thoroughness and quality. These documents will undoubtedly save us a lot of headaches in the future.

Mehmet

The lawyer took the time to explain everything thoroughly. The advice was not only legally sound but also practically feasible in daily practice. The document was flawlessly accepted by our investors.

Amani

They really thought along with our situation. The contact was approachable and professional. A reliable partner that strives for perfection in their documents.

Isabel

The quick availability of the lawyer was crucial for us. The lawyer really took the time to understand our specific SaaS solution before starting to write. Our customers are responding positively to the clear terms and conditions.

Sanae

A lot of time was saved thanks to the efficient intake. We were able to easily add comments to the draft using a convenient system. Our clients respond positively to the clear general terms and conditions.

Bram

The intake was personal and concrete. They managed to get a stalled negotiation moving again by proposing a smart compromise. These documents will undoubtedly save us a lot of headaches in the future.

Yassine

The accessibility of the office is excellent. We greatly appreciated the pragmatic approach taken in resolving the bottlenecks. The service was professional and personal.

Karima

Excellent communication and a carefully drafted document. The attention to detail when reviewing the fine print was phenomenal. The quality fully met our expectations.

Wilco

The friendly approach immediately put us at ease. We received not only a document, but also a corresponding manual for its use. The document was flawlessly accepted by our investors.

Karlijn

We were pleasantly surprised by the proactive initial approach. We didn't just receive a standard template, but true custom work for our general partnership. It is clear that they have a passion for entrepreneurship.

Rania

The openness regarding the expected result was very welcome. The weekly update emails provided a nice sense of control over the process. A party that delivers on what it promises on the website.

Petra

The working method was clear from the start. The expertise regarding e-commerce legislation was clearly the added value in this process. The service was professional and personal.

Guus

The approachability of this firm is a real plus. It was nice that complex legal theories were explained with simple practical examples. Everything was delivered neatly and on time.

Rachid

We were immediately assigned a dedicated contact person, which worked very well. The explanation of the terms and conditions was very helpful. Everything was delivered neatly and on time.

Patricia

Our company was carefully inquired about. The key points of attention were incorporated well. Our business partners were impressed by the professionalism of the contracts.

Mustafa

Our questions were taken seriously. They managed to get a stalled negotiation moving again by proposing a clever compromise. Our business partners were impressed by the professionalism of the contracts.

Meet our office

Our ContractCheck, simply explained what can all go wrong.

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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 drafting the agreement, you make a number of substantive choices. These determine the amount of the compensation and the legal consequences.

Choice or question Why this matters legally
Who takes the initiative to terminate? To retain unemployment benefits, it must be established that the employer intends to terminate the employment and that the employee is not unemployed through their own fault.
Which end date do you choose? Calculate using the notional notice period; if the agreement ends earlier, the UWV may postpone the unemployment benefit.
What compensation do you agree upon? The transition payment serves as a guideline; depending on the negotiation, a higher payment may be appropriate.
Do non-compete or non-solicitation clauses remain valid? Explicitly state whether these clauses lapse; without an agreement, they generally remain in force after the termination of employment.
How do you handle outstanding matters? Think of vacation days, company car, phone, laptop, and any study costs or a loan.
Clauses and provisions

What elements belong in a termination agreement?

A termination agreement regulates the end of employment in a manner that is binding on both parties. The components below ensure that the agreements are complete and legally sound.

Provision Relevant to Legal point of attention
Initiative and reason Always State that the employer is taking the initiative and that the employee is not at fault; this is decisive for the retention of the right to unemployment benefits.
End date of employment Always Take into account the applicable notice period (the notional notice period) so that the unemployment benefit does not start later than necessary.
Termination payment Generally Determine the gross amount and the timing of payment; the transition payment is often used as the lower limit.
Exemption from work Often Determine whether the employee continues working until the end date or is exempted with retention of salary and accrual of vacation days.
Final settlement Always Arrange for the payment of outstanding vacation days, holiday pay, and any bonus up to the end date.
Existing clauses If applicable Determine whether the non-compete, non-solicitation, or confidentiality clause remains in effect or lapses in whole or in part.
Certificate and references Often Agree that a positive or neutral letter of recommendation will be issued and how the departure will be communicated to third parties.
Final discharge and cooling-off period Always Grant each other mutual final discharge and draw the employee's attention to the statutory cooling-off period of 14 days.
Use in practice

How do you use this document correctly?

A termination agreement is only effective if both parties consent voluntarily and are well-informed. Follow these steps to finalize the agreement legally.

Situation What should you do? Point of attention
For signature Discuss the agreement and give the employee time for legal advice A well-considered agreement prevents later contestation of the consent.
Upon signing Have both parties sign and date in writing Termination by mutual consent must be recorded in writing to be valid.
After signing Inform the employee in writing of the 14-day cooling-off period If this statement is missing, the cooling-off period is extended to three weeks.
At the end date Take care of the final settlement, the certificate, and the return of company property This is how you conclude the employment fully and without loose ends.
Common mistakes

Common mistakes

With termination agreements, things often go wrong in the wording, with major consequences for unemployment benefits or their binding effect. Watch out for the following pitfalls.

Wrong Consequence Better approach
The employee is listed as the initiator The UWV can refuse unemployment benefits due to culpable unemployment Stipulate that the employer takes the initiative and that the employee is not to blame.
The fictitious notice period is ignored The unemployment benefit starts later and the employee misses out on income Choose an end date that respects the applicable notice period.
The cooling-off period is not mentioned The cooling-off period is automatically extended, allowing the agreement to be terminated for a longer period Explicitly include the 14-day period in the text.
Existing clauses are forgotten Uncertainty as to whether a non-compete or non-solicitation clause remains valid after departure Explicitly stipulate whether these clauses lapse or remain in effect.
The final discharge is incomplete The parties can still hold each other liable afterwards Formulate a mutual final discharge that covers all claims arising from the employment relationship.
Risk profile

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

The correct structuring of a termination agreement depends on your situation. Below you will find common scenarios and the corresponding points of attention.

Risk profile Example Focus in the document
Reorganization A position is eliminated due to business economic reasons Ensure neutral wording so that the right to unemployment benefits is preserved.
Dysfunction The parties opt for a departure rather than a dismissal procedure Avoid reprehensible wording that jeopardizes the unemployment benefit.
Sick employee The employee is ill at the time of termination Exercise caution; in the event of illness, termination by mutual consent may affect the right to sickness benefits.
Statutory director The termination concerns a director of a private limited company The employment law and corporate law aspects overlap; handle both aspects carefully.
Additional documents

When is this document not enough?

A termination agreement regulates the end of an employment relationship. In other situations, a different document is more appropriate.

Situation Supplementary document Why
Situation Related document Explanation
You wish to record a new employment relationship Employment contract For entering into an employment relationship instead of terminating it.
You are terminating the collaboration with a director Management Agreement With a director or contractor, you arrange the collaboration and its termination differently than in salaried employment.
The employee disputes the termination Legal assistance In the event of a conflict or impending proceedings, you need legal assistance rather than just a document.
Explanation of this document

Drafting a termination agreement, why?

Not every entrepreneur knows exactly what termination agreements are, when they are needed, and which risks they must cover. Therefore, we explain below what this document entails, what to look out for, and why customized legal drafting is important.

What is a termination agreement?
A termination agreement — also referred to in practice as a settlement agreement or VSO — is the agreement by which the employer and employee terminate the employment relationship by mutual consent. In a legal sense, the termination agreement is the most common way to terminate an employment contract without a dismissal procedure via the UWV (Dutch Unemployment Insurance Agency) or the subdistrict court. The parties jointly agree on the end date, severance pay, exemption from work, the settlement of vacation days and other entitlements, and record these in a written agreement. The major advantage for the employer is speed and certainty: no lengthy procedure, but an agreed-upon outcome. The major advantage for the employee is that, provided the agreement is properly structured, they retain their entitlement to unemployment benefits. Our lawyers draft a legally sound termination agreement for employers that is compliant with unemployment benefit regulations, correctly handles the transition payment, and excludes the risks of subsequent annulment — and verify for employees whether a received proposal is fair and complete.
What is the difference between a termination agreement and a settlement agreement?
In daily practice, both terms are used interchangeably for the same document. Legally, there is a subtle but relevant difference. The settlement agreement pursuant to Article 7:900 of the Dutch Civil Code is the broader legal concept: an agreement in which parties make arrangements to terminate or prevent uncertainty or a dispute, which may also deviate from mandatory law — something that is not permitted in an ordinary agreement. The termination agreement is the more specific term for the document by which the employment contract is terminated by mutual consent pursuant to Article 7:670b of the Dutch Civil Code. In practice, every termination agreement in an employment law context has the characteristics of a settlement agreement. Our lawyers use terminology that aligns with your situation and ensure that the document is legally correctly classified.
What legal requirements must a termination agreement meet to be unemployment benefit-proof?
This is the most critical question for both employer and employee. An employee who resigns on their own initiative or has acted culpably is not entitled to unemployment benefits. To retain entitlement to unemployment benefits, the termination agreement must meet a number of essential requirements. First, the initiative for the dismissal must lie with the employer: the agreement must explicitly state that the dismissal is taking place at the employer's initiative. Second, there must be no urgent cause — such as theft or serious misconduct — that renders the employee culpable. Third, the fictitious notice period be observed: the end date of the agreement may not fall earlier than the date on which the employment contract would have ended upon regular termination. Fourth, the agreement must be concluded in writing. Fifth, the agreement must state the fourteen-day cooling-off period . If this is missing, a cooling-off period of twenty-one days applies. Our lawyers ensure that your termination agreement is compliant with unemployment benefit requirements on all these points.
What is the cooling-off period and how does the employee's right of withdrawal work?
Pursuant to Article 7:670b, paragraph 2, of the Dutch Civil Code, an employee who has signed a termination agreement has the right to revoke it within fourteen days of signing without giving reasons. This right of revocation is mandatory law and cannot be contractually excluded. If the termination agreement does not inform the employee of this right in writing, the period is extended to twenty-one days. Revocation is effected by a written declaration to the employer — an email suffices. After revocation, the employment contract continues as if the termination agreement had never been concluded. The employer then has six months to conclude a new termination agreement; that second agreement does not include a right of revocation. A particular point of attention: the Supreme Court has ruled that the cooling-off period does not commence only after signing, but after reaching a meeting of minds regarding the essential elements. An oral agreement can therefore trigger the cooling-off period. Our lawyers advise you on the correct procedural structure.
How do you calculate the severance pay under a termination agreement?
In the case of a termination agreement, there is no statutory right to a transition payment—after all, the parties make the arrangements themselves. In practice, however, the statutory transition payment is almost always used as a starting point for negotiations. The transition payment amounts to one-third of a monthly salary per year worked, calculated over the entire duration of employment. In principle, the transition payment is deductible as business expenses but is taxable for the employee as wages. During negotiations, the payment may be lower if the case file is insufficiently strong for the employee—for example, in the event of demonstrable poor performance—or higher if the employer wishes to take a strong position during a reorganization. Specific elements that can increase the payment include: outplacement, a longer exemption from work, the transfer of accrued bonus rights, and compensation for legal advice. Our lawyers advise you on a fair and legally sound payment for your specific situation.
How do you arrange the non-compete clause, non-solicitation clause, and confidentiality in the termination agreement?
The termination agreement is the final opportunity to make arrangements regarding clauses that continue after the employment relationship ends. In the absence of an explicit provision, the question arises whether existing clauses from the employment contract remain in force. If the termination agreement contains a final discharge —the most commonly used concluding provision whereby parties mutually waive all claims—then the non-competition clause and the non-solicitation clause also lapse if they are not explicitly excluded from the final discharge. This is one of the most common mistakes made in termination agreements. Your agreement must explicitly specify which clauses remain in force after the end of the employment contract, including their geographical and temporal scope, and which clauses are waived. Our lawyers ensure that your post-contractual clauses are properly anchored or—if you wish to let the employee go without restrictions—are correctly declared void.
What are the specific risks of a termination agreement in the event of illness?
An employee who is ill at the time of signing a termination agreement risks losing their entitlement to sickness benefits. The UWV assesses whether the employee has committed an act of detriment —an act that harms their entitlement to benefits. If the employee agrees to dismissal while incapacitated for work and thereby loses their entitlement to continued payment of sickness wages or sickness benefits, certain cases qualify as an act of detriment. This also applies to the employer: pushing for a termination agreement during the first two years of illness is contrary to the prohibition on dismissal during illness and can make the agreement challengeable. After two years of illness—when the prohibition on dismissal lapses—a termination agreement is possible, but the employee's WIA entitlements must be handled with care. Our lawyers advise you on the legal boundaries regarding sick employees.
What are the most common mistakes in termination agreements?
In practice, our lawyers consistently observe the same shortcomings in termination agreements. The first is the omission of a mention regarding the cooling-off period, causing the term to automatically amount to twenty-one days. The second is a final discharge that inadvertently lapses the non-competition clause. The third is an end date that fails to observe the fictitious notice period, resulting in a reduction of unemployment benefits. The fourth is the omission of a statement that the initiative lies with the employer. The fifth is insufficient compensation that the employee subsequently challenges on the grounds of error or abuse of circumstances. And the sixth is a termination agreement during illness that fails the test of detrimental conduct.
How does it work at MKBjuristen?
After a brief intake, our lawyers assess the reason for termination, the duration of employment, the employee's position, and the room for negotiation. Based on this, we draft a termination agreement that is compliant with unemployment benefit regulations, correctly handles the transition payment, mentions the right of withdrawal, and carefully regulates post-contractual clauses. We also guide the negotiations with the employee or their lawyer. Have you, as an employee, received a proposal? We then check it for completeness, a structure compliant with unemployment benefit regulations, and fairness of the compensation — and negotiate on your behalf for a better outcome.
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?

A standard document often seems like a quick solution, but usually does not fully align with your company, agreements, risks, and way of working. Our legal experts draft documents that fit your situation.

Standard document
SME Lawyers
Not tailored to your business
Tailored to your company, industry, and working methods
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Consultation with a lawyer and assessment of your risks
Possibly outdated or incomplete
Verification of current and practical provisions
No personal explanation
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.

Tailored solutions for each termination situation

Not every termination is the same. Therefore, we do not draft termination agreements generically, but tailored to the contract type, financial settlement, and remaining obligations.

end collaboration

Attention to costs, IP, client relationships, confidentiality, ongoing obligations, and discharge.

Terminate assignment

Attention to activities, invoices, transfer, files, liability, and payment.

End distribution

Attention to inventory, pending orders, brand usage, customers, targets, and non-competition.

Terminate IT or SaaS

Attention to data, accounts, licenses, exit support, source code, and privacy.

Settlement in case of conflict

Attention to payment, no admission, final discharge, confidentiality, and penalty.

terminate lease or use

Attention to handover, damage, keys, security deposit, and final settlement.


A termination agreement must prevent the conflict from continuing after the end. Therefore, we consider the end date, payment, final discharge, return, transfer, confidentiality, claims, penalties, and liability.

Common mistakes in termination agreements

Things often go wrong during termination because parties sign too quickly without settling all financial and legal consequences.

  • Just arrange the end date and forget about the settlement
  • Do not include a clear final discharge
  • Do not specifically mention outstanding invoices, costs, and settlements
  • Return of forgotten property, data, documents, and accounts
  • Do not stipulate which obligations remain in effect after termination
  • Do not agree on a transfer of clients, files, or work
  • Granting an overly broad discharge without necessary exceptions
  • Confusing termination under employment law with termination under commercial law

Draft your termination agreement carefully and avoid unnecessary problems in the future. Good agreements prevent disputes regarding payment, discharge, claims, transfer, confidentiality, and liability.

What is a termination agreement?

An agreement in which parties agree that an existing agreement or collaboration ends and how the consequences thereof are settled.

Is final discharge advisable?

Often yes, but the scope and exceptions must be carefully chosen.

Can a termination agreement also be used in the event of a dispute?

Yes. In that case, a settlement is often included with payment, confidentiality, and no admission of liability.

Is this the same as a settlement agreement upon dismissal?

Not always. Upon termination of employment, an employment settlement agreement is usually used.

Can MKB Juristen review an existing termination agreement?

Yes. We check, among other things, end date, payment, discharge, transfer, confidentiality, claims, fines, and liability.

Contact us

Annelore Hendriks

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