The Release Of Liability Employment Termination agreement is a crucial legal document used in the Netherlands when formally concluding an employment relationship. It serves as a comprehensive settlement agreement (vaststellingsovereenkomst) that protects both employer and employee interests by clearly defining the terms of separation, including financial settlements, ongoing obligations, and mutual releases of claims. This document is particularly important in the Dutch legal context, where employment law provides significant protections for employees and requires specific formalities for valid termination agreements. It should be used when parties agree to end the employment relationship amicably and wish to prevent future disputes by documenting all aspects of the separation, including financial terms, confidentiality requirements, and any post-employment obligations. The agreement must comply with Dutch employment law requirements, including mandatory reflection periods and specific content requirements for valid settlements.
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1. Parties: Identification of the employer and employee, including full legal names, addresses, and relevant registration numbers
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 of employment termination and final working day
5. Final Settlement: Details of final salary, benefits, and any severance payment
6. Release of Claims: Mutual release of all claims related to the employment relationship
7. Return of Company Property: Requirements and timeline for returning company assets and documents
8. Confidentiality Obligations: Ongoing confidentiality requirements post-employment
9. Reference and Communication: Agreement on how the departure will be communicated and reference provisions
10. Tax Treatment: Tax implications and responsibilities for payments made under the agreement
11. Governing Law: Specification of Dutch law as governing law and jurisdiction
12. Reflection Period: Statement of the statutory reflection period under Dutch law
13. Signatures: Execution blocks for all parties
1. Non-Competition and Non-Solicitation: Post-employment restrictions, if applicable and agreed upon
2. Ongoing Cooperation: Terms for employee assistance in transition or future matters
3. Stock Options/Share-Based Compensation: Treatment of any equity-based compensation
4. Legal Counsel Acknowledgment: Confirmation that parties had opportunity to seek legal advice
5. Works Council Approval: Reference to works council approval if required
6. Pension Arrangements: Special provisions regarding pension rights and arrangements
7. Insurance Continuation: Details about post-employment insurance arrangements
8. Intellectual Property Rights: Specific provisions about IP created during employment
1. Schedule A - Financial Settlement Calculation: Detailed breakdown of all financial elements including salary, benefits, and severance
2. Schedule B - Company Property Checklist: List of all company property to be returned
3. Schedule C - Continuing Obligations: Detailed list of obligations that survive termination
4. Appendix 1 - Employee Benefits Summary: Summary of benefits and their treatment post-termination
5. Appendix 2 - Exit Interview Form: Standard exit interview documentation if required
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