Dutch employers can still face an open employment and wage file while an employee’s departure is being prepared. Without written mutual consent or a completed dismissal route, employment may continue. Payroll, cash planning, staff costs, and company records can then fall out of step.
Why this matters
A settlement proposal does not end employment. A returned laptop, roster change, or replacement does not create a valid payroll end date. After signing, employees usually have 14 days to reconsider, or 21 days if written notice was missing. Without agreement, the employer must use the appropriate dismissal route. Unpaid wages may include holiday pay and a statutory uplift of up to 50%, though a court may reduce it.
Example
A warehouse manager expects an employee to leave at month-end. The employee returns a laptop and stops working. A replacement starts, but the settlement agreement remains unsigned. Payroll receives the expected end date and stops salary. The business now has an open wage file beside the replacement’s payroll. Its roster, personnel file, and payroll record show different employment positions.
XTROVERSO tips
- Record the current status. Mark every exit as proposed, signed, within the reconsideration period, withdrawn, or under a formal dismissal procedure.
- Give one person authority. Have one accountable person confirm an end date to payroll. Keep the agreement or dismissal record in the file.
- Keep payroll tied to evidence. Do not treat a planned departure as a final payroll date. Check salary, holiday pay, pension, variable pay, and employer charges.
- Check the end-date calculation. Match the date to the contract, collective labour agreement, notice period, and dismissal route.
- Keep company actions consistent. Align the roster, access rights, returned property, staff messages, personnel file, and payroll instruction.
- Change route when talks fail. If mutual agreement is no longer realistic, seek professional support on the correct UWV or cantonal court route.
Need a clear review of an open exit file and its payroll risks? We can help you decide the next step
The data, sourcing, and analysis behind this article were conducted by Linda Pavan. AI was not used to identify sources, build the factual basis, or produce the analytical judgment contained here. AI was used only as a drafting aid. The final English text was personally reviewed, edited, and approved by Linda Pavan before publication.
References
- UWV — Werknemer ontslaan en afspraken vastleggen
- Ondernemersplein — Ontslagprocedures en opzegverboden
- Ondernemersplein — Opzegtermijn bij ontslag
- Rijksoverheid — Betaling van loon en wettelijke verhoging
- Ondernemersplein — Vakantiegeld
- Nederlandse Arbeidsinspectie — Handhaving minimumloon en vakantiebijslag
