1.3.2017

Irregular termination, worth considering?, Labor Law 2017, 16

On October 31, 2016, the Zwolle subdistrict court ruled that intentionally terminating an employment contract irregularly in the case under review at the time did not constitute an abuse of rights or bad employment practice. This ruling confirms the suspicion that since the introduction of the Wwz, it can be financially beneficial for the employer to terminate irregularly, and not only in this situation.

1. The background of irregular termination.

An irregular termination is the termination where the notice period is not observed, or the termination of a fixed-term employment contract without an interim notice clause. Since the latter type of termination has a completely different dynamic, involving other considerations, we will limit ourselves in this article to the first variant. A characteristic feature of irregular termination is the liability to damages it causes to the terminating party. Equally characteristic is that the irregularity of the termination does not affect its validity. An irregular termination - as long as it meets the conditions imposed on it by law - cannot be undone by, for example, an annulment of the termination by the other party or by the court. There is considerable financial benefit in an irregular termination.

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