NETHERLANDS ANTILLES LABOR LAW (IV)

Termination by mutual consent

An employment agreement may be terminated by mutual consent. It is recommended that a termination by mutual consent is confirmed explicitly in a written document signed by both parties.

It is essential to ascertain that the employee understood what he was doing and acted freely. Case law shows that the employer is not allowed to rely too easily upon the acceptance of the employee to terminate the employment agreement by mutual consent. In practice an employee normally only co-operates to a mutual consent termination in exchange for a severance package.

Karel Frielink
Attorney (Lawyer) / Partner

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