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Employment Contract Agreement

This claim is based on Article 6 of the Decree on Employment Contract (the Decree on Labour Relations) of 1945, which provides that prior to termination of employment must be authorized by the Minister of Social Affairs and Employment. The right to grant that permission has been delegated to the directors of the regional employment agencies. Article 6 applies to any case where the termination of the employment agreement by pre- notice is affecting the socio-economic interests of the labor market the Netherlands, even if the contract of employment is not determined by laws of the Netherlands. In general, such interests will be considered affected if the work is always carried out in or from the Netherlands (and the employee is likely to require unemployment benefit in the Netherlands as a result of termination of the agreement). It should be noted that the resolution does not required in cases of termination I. during the probationary period, II. by mutual agreement, III.

by (justified) dismissal without notice, IV. in the event of insolvency of their employer, or V. in case of termination of the employment agreement the executive director of the company with limited liability. DRTU give permission only if, when considering the interests of employer and employee, he considers the proposed termination of the agreement valid. Consequently, a person filing a petition for review must specify the grounds on which to base a petition at the time, as the person against whom granted the petition, may grant the objection. Thus, the resolution does not come automatically. The procedure should be, in principle, over a period of eight weeks, although in practice it may take longer time. As soon as the permission DRTU, may be served notice of termination of the agreement, subject to the following restrictions. Prescribed by law notice period, which must be met by the employer, is: These statutory period of notice may be reduced only through a collective agreement.


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