Resigning: notice, end date and income risks

1. Can you terminate the contract now?

You can usually terminate a permanent contract with the applicable notice period. For a fixed-term contract, first check for a written early termination clause applying to both parties. Without one, you cannot simply leave before the end date. Discuss an agreement with the employer or another legal route before stopping work.

A fixed-term contract expiring lawfully usually does not need your own notice. Do not write an unnecessary resignation letter merely because the end date is approaching. If there were earlier contracts, also have it checked whether you now have a permanent one. The latest document heading does not always reveal the legal termination options.

2. Calculate notice and the end date

Without a valid different agreement, an employee’s notice period is generally one month. Your contract and collective agreement may contain different rules. Notice often takes effect at month-end. To be out of employment from 1 April, this default rule requires notice before 1 March at the latest. Check when notice is received, not merely the date you write the letter. For a contractually longer employee notice period, the government states a maximum of six months and an employer period at least twice as long. A shorter employee period can follow from a collective agreement. Check both periods and their basis, not just your proposed end date.

Insufficient notice may lead to compensation equal to pay for the unobserved period. If the employer agrees to release you earlier, record the different end date and its consequences for pay and any claims in writing. Release from duties does not automatically shorten employment. Distinguish the last working day from the legal end date.

3. A new job and restrictive clauses

When changing jobs, preferably resign only once the new arrangements are sufficiently settled. Check the start date, any conditions, probation and the authorised signatory. An enthusiastic telephone conversation provides less certainty than a documented offer. A new job with probation can also leave your income vulnerable if it ends immediately. Factor in that risk.

Read your current non-compete, client restriction, confidentiality and training-cost clauses. Moving to a competitor may require permission or a specific release. A new employer saying the old clause “is invalid anyway” does not automatically take over your risk. Obtain specific written arrangements before work starts.

4. Assess WW and transition compensation before leaving

Resigning usually means no WW entitlement, because unemployment may be considered culpable. A dispute, long commute or unpleasant working relationship does not automatically make departure safe for benefits. Special circumstances may exist but require individual assessment. Have the specific necessity and alternatives recorded before ending your contract.

A transition payment is also generally not due when you leave on your own initiative. Serious culpable conduct by the employer may be an exception. This is a high legal threshold, not the same as an employer making a mistake. Resigning and then litigating only for compensation can therefore be uncertain. Seek advice first on the appropriate aim and evidence.

5. Illness, conflict and an emotional statement

If you are ill or involved in an employment dispute, obtain advice before resigning. You may give up continued pay without Ziektewet or WW being available. Discuss health complaints with the occupational physician and ask which adjustments or other solutions are possible. An employer urging resignation does not make it a harmless formality.

A resignation statement must be sufficiently clear. An exclamation during an argument can lead to disagreement about your intention and what the employer should have investigated. If something you said is misunderstood, respond immediately in writing and explain your meaning. Do not assume you always have fourteen days to reconsider: that rule belongs to other termination routes.

6. Confirm in writing and check final payment

Clearly confirm notice, identifying the date, contract and intended end date, and ask for acknowledgement of receipt. Agree handover, annual leave and return of company property. Do not assume without approval that remaining leave replaces the final working days. Save payslips and your own contract information before portal access ends. Request a certificate of employment or agreed reference in good time.

Check final accounts for wages until the end, holiday allowance, valid unused annual leave and any bonus or commission. Have deductions for training costs or damages assessed separately. Specify disputed amounts in writing. A general declaration that you have no further claims may extend far beyond confirming return of a laptop.

Practical checklist

• Check the contract type and early termination option.
• Calculate notice, receipt date and contract end.
• Document the new job and any release from restrictions.
• Assess WW, illness and compensation before giving notice.
• Keep receipt evidence, final accounts and handover arrangements.