Knowledge Base


Welcome to the Expatax Knowledge Base containing hundreds of answers to questions we received about topics concerning tax, payroll, accounting, legal, business etc. related to the Netherlands. Search in our Knowledge Base or browse the different categories. Expatax is a Dutch tax and accounting firm specialized in assisting international workers, freelancers and companies. Don't hesitate to contact us if you need assistance or check our website.


If I want to quit my job myself, can I claim a redundancy package?

Question:
 
There has been a structural change within my company. The new manager is totally incompetent and a bully. I want to leave. I would however like to negotiate a redundancy package. What are my options?
 
Answer:
 
If you decide to end the employment contract yourself chances are low that you will get a redundancy package. Of course your employer is free to offer you a redundancy package but he is certainly not obliged to do that. Instead you may want to discuss the current situation with the management of your company or with HR. By leaving the company on your own initiative you lose your rights to claim a package and on top of that you won't get unemployment benefit either. This may only be different if the actions from your manager were so unacceptable that no one would expect you to stay working for the company, especially if the management didn't act on your request to do something about it. But it is up to the Court of Justice to decide whether the situation is bad enough to grant a redundancy package to you.
 
So first talk with your employer and see what they say and whether something can be done about the situation. If you don't discuss it the Court can say that you have not done enough to change the situation other than resigning. But if you still want to leave the company do not resign yourself but ask the Court of Justice to end the employment contract. Only the Court can then grant you a redundancy package if they believe that you are not expected to continue the employment relation under the current situation.
 
 
Attached Files
There are no attachments for this article.
Comments
There are no comments for this article. Be the first to post a comment.
Name
Email
Security Code Security Code
Related Articles RSS Feed
Legally regulated terms of employment and social security for part-time workers in the Netherlands
Viewed 10454 times since Wed, Feb 19, 2014
What are the rules with respect to vacation days?
Viewed 3359 times since Sun, Feb 17, 2013
What is a CAO?
Viewed 6912 times since Sat, Feb 16, 2013
Do I have to report my stamrecht BV in my Dutch income tax return?
Viewed 2414 times since Thu, Feb 7, 2013
Lump sum severence payment - what are the tax consequences in the Netherlands?
Viewed 8688 times since Wed, Feb 29, 2012
Can my stamrecht BV make payments to my partner or my children instead of to me?
Viewed 1819 times since Thu, Feb 7, 2013
What is the minimum wage in the Netherlands in 2014?
Viewed 8508 times since Wed, Feb 19, 2014
Brochure: Redundancy in the Netherlands. What are your rights?
Viewed 10554 times since Sat, Dec 17, 2011
What should I do if my employer wants me to sign a termination agreement?
Viewed 3966 times since Thu, Dec 8, 2011
Can my partner get shares in my Stamrecht BV?
Viewed 1591 times since Thu, Feb 7, 2013
MenuMENU