The Employee Deed of Release is a crucial document in Dutch employment law, used when an employer and employee agree to terminate their employment relationship by mutual consent. This document, known in Dutch as a vaststellingsovereenkomst, serves as a comprehensive settlement agreement that protects both parties' interests while ensuring compliance with Dutch legal requirements. The deed is particularly important as it helps avoid potential disputes by clearly documenting all aspects of the termination, including financial settlements, ongoing obligations, and release of claims. It is commonly used in situations involving redundancy, reorganization, performance issues, or mutual agreement to part ways. The document must comply with Dutch employment law requirements, including mandatory consideration periods and specific provisions regarding unemployment benefits. A properly drafted Employee Deed of Release provides legal certainty and a clean break while ensuring all statutory obligations are met.
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1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Context of the employment relationship, including start date, position, and reason for termination
3. Definitions: Key terms used throughout the agreement
4. Termination Date: Specific date when employment relationship ends and final working day
5. Financial Settlement: Details of all financial elements including final salary, holiday pay, and severance payment
6. Tax Treatment: Specification of tax handling for various payments
7. Company Property: Requirements for return of company property and timeline
8. Final Settlement Declaration: Statement that this agreement represents full and final settlement of all claims
9. Confidentiality: Obligations regarding confidential information post-employment
10. Reference and Communications: Agreement on employment references and internal/external communications about departure
11. Execution: Signature blocks and date of agreement
1. Non-Competition and Non-Solicitation: Post-employment restrictions on working for competitors or soliciting employees/clients, if applicable
2. Intellectual Property: Provisions regarding ownership and transfer of IP created during employment
3. Share Options/Benefits: Treatment of outstanding share options or other benefits, if applicable
4. Legal Fees: Agreement on payment of legal fees for reviewing the deed
5. Garden Leave: Terms of any garden leave period before final termination
6. Outplacement Support: Details of any career transition support provided
7. Ongoing Cooperation: Requirements for employee assistance post-termination for specific matters
8. Social Media: Agreements regarding professional social media accounts and connections
1. Schedule 1 - Payment Calculation: Detailed breakdown of all financial payments including salary, bonuses, and severance
2. Schedule 2 - Company Property List: Itemized list of company property to be returned
3. Schedule 3 - Benefits Summary: Summary of treatment of various benefits and insurances
4. Appendix A - Reference Letter: Agreed form of employment reference
5. Appendix B - Communication Template: Agreed announcement text for internal/external communications
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