In a small business, people leave the way they arrived: informally. A WhatsApp message, a short email, a verbal “I think it’s better if I stop.” It feels clear enough, and in the rush of daily work, clients to serve, invoices to send, cash flow to watch, it’s tempting to treat that moment as settled. But in employment law, clarity is not about intention. It’s about proof.
Dutch labour law places a high burden on the employer when an employee resigns. If there is later a dispute, the employer must be able to show that the employee resigned voluntarily, clearly, and without pressure. An email or WhatsApp message is not automatically sufficient evidence. Messages can be disputed, accounts can be shared, phones can be accessed by others. In practice, that “clear” resignation can suddenly become a question mark, one that lands directly on your risk and your wallet.
I see this most often in small teams, where trust is high and paperwork feels almost rude. An employee sends a message saying they are done. The employer replies politely, agrees on a last working day, and moves on. Months later, a letter arrives claiming the employee was pushed out or never truly resigned. Without a signed declaration, the discussion starts from zero, and the burden of proof is not on the former employee.
The solution is neither complicated nor confrontational. When an employee resigns, ask them to sign a short written declaration confirming that they are resigning on their own initiative and without pressure. It does not need legal language or drama. It simply fixes a moment in time. Think of it as the employment equivalent of a signed delivery note: boring, practical, and invaluable when memories fade or positions harden.
This is not about mistrust; it is about boundaries. Clear documentation protects both sides. It prevents misunderstandings, reduces the risk of later claims, and saves you time, stress, and legal costs, things small businesses can least afford to waste. Just as you would never rely on a verbal agreement for a major client contract, you should not rely on a chat message for the end of an employment relationship.
Good business is rarely about big gestures. It’s about small habits done consistently. One extra signature at the right moment can quietly remove a serious risk from your business. And that, in a world already full of uncertainty, is a calm improvement worth making.
