Calculating notice periods: employee, employer and end date

Which period applies to an employee?

For an indefinite-term contract, the statutory employee notice period is generally one month. A written agreement or cao can make a difference. A longer employee period agreed in writing is capped at six months, and rules govern its relationship to the employer’s period, with possible cao deviations. Do not simply copy your employer’s period. Check the complete clause and cao before promising a start date elsewhere.

Which period applies to the employer?

The statutory employer notice period is usually one month below five years’ service, two months at five to ten years, three months at ten to fifteen years and four months from fifteen years. Special rules may apply around AOW pension age, contractual provisions and the cao. A period does not itself give authority to dismiss: permission, a judicial decision or another valid route may be necessary. Ask for both the legal basis and calculation.

How calendar months work in practice

Notice normally ends employment at the end of a month. With one month’s notice validly received in October, employment then ends on 30 November. Receipt only on 1 November may, on the same assumptions, lead to 31 December. Check whether a written arrangement or custom permits another termination day. Distinguish in a letter between the final day employed and the first day no longer employed.

For a temporary contract, an earlier question arises

A valid temporary contract generally ends on the agreed date, normally without notice. To leave earlier, check whether a written interim-termination clause applies to both parties. Without it, an ordinary letter giving one month’s notice does not automatically provide a valid exit. Explore agreement or another legal route. Even with an interim-termination clause, the employer cannot simply skip the applicable dismissal procedure.

Procedural time and special situations

Following UWV proceedings, the employer may under conditions deduct procedural time from the notice period, generally leaving at least one month. Have the procedure’s beginning and end documented. Different starting points apply during valid probation and valid summary dismissal. A special short employee period may apply to zero-hours contracts. Do not turn those exceptions into a general rule for every flexible contract; a min-max contract, for example, needs its own check.

A settlement agreement can create an income gap

Parties can agree an end date in a termination agreement, but UWV independently assesses the relevant notice period for WW. If salary ends too soon, a period without pay or WW may arise. Compensation does not automatically make the chosen date safe. Compare signature timing, the calculated period and expected WW start. For a temporary contract without interim termination, the original end date may be particularly important for benefits.

Make sure notice demonstrably arrives

A letter drafted but not sent does not establish receipt. Use an appropriate channel and request written confirmation of receipt and the end date. Keep the complete email or other transmission evidence. Do not announce departure only orally when timing is critical. If wording is unclear, seek confirmation without unintentionally giving fresh notice at a later date. An adviser can help where the parties use different dates.

Make the check concrete with five details

Compare the employment start date, contract type, applicable cao, notice clause and intended receipt date. Then calculate at least two scenarios: receipt before and after the month changes. Check outstanding holiday, handover and any release from work too. Taking holiday does not automatically change the legal end date. Specify whether you work during notice, take leave or are released on pay. This aligns the practical final working day with a correctly determined contract date.

Practical checklist

• Read the contract and cao together and identify who gives notice.
• Check service length and special contract rules.
• Calculate receipt, complete calendar months and the end date.
• For a settlement, also have WW consequences assessed.