NETHERLANDS ANTILLES LABOR LAW (I)
Termination
Although the termination of an employment agreement is basically a matter between the employer and the employee, it must comply with certain statutory rules. These rules provide for rather extensive job protection.
A distinction has to be made between an employment agreement for a definite period of time and an employment agreement for an indefinite period of time. An employment agreement for a definite period terminates in principle automatically, by operation of law, on the expiration of the agreed period. The agreement for an indefinite period is terminated by giving notice of termination. Such notice requires prior permission of the Director of the Directorate of Labor Affairs.
Both the employment agreement for a definite period and the employment agreement for an indefinite period can furthermore be terminated in the following ways:
– by mutual consent (“wederzijds goedvinden”);
– during the trial period (“proeftijd”);
– for “urgent cause” (“ontslag op staande voet”);
– by Court termination for serious cause (“ontbinding”).
Karel Frielink
Attorney (Lawyer) / Partner
