Extensive information obligation when terminating the employment contract early

Extensive information obligation when advancing the end date of the employment contract

If an employer wants to advance the end date in an employment contract with an employee, they must communicate this clearly with that person. A signed employment contract from the employee alone is not sufficient. The employer is obliged to inform about the changes and what consequences this entails. This was recently determined by the Court of Overijssel in a ruling.

Translate the following text into these languages:

What is happening in this case? An employee has been employed by the company since November 1, 2022, based on a fixed-term employment contract. Previously, he worked through a payroll company for the same company, under an employment contract that ends on June 30, 2024. However, on August 1, 2023, the payroll agreement is terminated, and the employee directly enters into the service of the employer. He then signs a contract until April 30, 2024.

Previous end date

Then the employee becomes ill in February 2024, after which the employer terminates the employment contract as of April 30, 2024. However, the employee believes that his employment contract continues until June 30, 2024, and files a case with the subdistrict court. In this case, he claims payment of wages and overtime until the end date of that first contract. However, the employer states that the new employment contract signed by the employee on August 1, 2023, has an end date of April 30, 2024. The employee disputes that he signed a new employment contract with an earlier end date.

Translate the following text into these languages

The court believes that the company, as the successor employer, is in principle bound by the employment contract that was taken over from the payroll company with an end date of June 30, 2024. According to the court, changing the end date of a fixed-term employment contract is a significant change to the employment contract. This change can be equated to entering into a new fixed-term employment contract. Agreeing to an earlier terminating employment contract means that the employee faces an earlier end to their employment contract, without statutory dismissal protection.

Amendment not legally agreed upon

In such a situation, the employer may at least be expected to clearly inform the employee about what he is signing, which amendment he agrees to, and warn of the consequences that entails. In this case, none of this occurred. Therefore, it was not clear to the employee that he was signing an employment contract with a modified end date. The employer cannot sufficiently substantiate that the employee agreed to an early termination date of the employment contract. The court consequently rules that the amendment is not legally valid and grants the employee's claim.

Translate the following text into these languages.

In the case of an early termination date of an employment contract with an employee, the employer has an extensive duty to inform. Merely notifying the employee about the change is insufficient. The employer must also explicitly inform him about the consequences. A signed amended employment contract by the employee is not enough.

Want to know more about this subject? Then contact us at RechtNet Advocaten via info@rechtnet.nl or call 073 – 615 43 11.