Resigning yourself: am I entitled to unemployment benefit?
What would you like help with?
Have you already resigned and are you unsure? Seek legal advice immediately. When you resign yourself, there is no statutory cooling-off period as there is with a settlement agreement.
Detailed explanation, checklist and sources
If you resign, you will usually not receive Dutch WW unemployment benefit from UWV. Simply waiting out your notice period does not change that. Therefore, before giving notice, have the consequences of your departure for your income assessed, especially in case of illness or a conflict.
General information about Dutch law · Reviewed on · How we work
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Start with these three steps. Open the explanation that fits your situation and then complete your checklist.
- When is unemployment benefit possible after resigning yourself?
- Ill or still in your probationary period?
- What notice period applies to a permanent contract?
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On this page
- When is unemployment benefit possible after resigning yourself?
- Ill or still in your probationary period?
- What notice period applies to a permanent contract?
- Can I terminate a fixed-term contract early?
- What should I arrange before my last working day?
- Your checklist
- Frequently asked questions
- Sources and further information
When is unemployment benefit possible after resigning yourself?
An exception may apply if it cannot reasonably be expected that you continue working, for example if your employer threatens you. A conflict in itself does not provide certainty about unemployment benefit. Gather evidence and first discuss with a legal adviser what other solutions may be possible. UWV assesses your entitlement to benefits; a promise from your employer provides no guarantee.
Ill or still in your probationary period?
Resigning while ill may jeopardise your entitlement to wages and benefits. Have your situation assessed first. You can also stop without a notice period during a valid probationary period, but that does not automatically entitle you to unemployment benefit.
What notice period applies to a permanent contract?
For an employee with a permanent contract, the main rule is one calendar month. Check for different arrangements in your contract and collective labour agreement. Under the main rule and notice effective at the end of the month: if you give notice in October, 30 November is your last day of employment. An on-call contract may have different rules. Ask for confirmation of the correct end date.
Can I terminate a fixed-term contract early?
A fixed-term contract normally ends on the agreed date. Ordinary interim termination requires a written right of interim termination. If this is absent, discuss a written termination agreement or seek advice on dissolution by the subdistrict court. Different options may apply during a valid probationary period or where there is an urgent reason. Do not simply stop: if you terminate the contract incorrectly, you may have to pay compensation to your employer.
What should I arrange before my last working day?
Keep a verifiable record of your resignation and end date. Check the final settlement: wages, holiday allowance, leave hours and agreed compensation or deductions. If you resign yourself, you normally do not receive transition compensation. This may be different in the event of seriously culpable acts or omissions by your employer; have this assessed separately.
Your checklist
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Map out your income after leaving; do not automatically rely on unemployment benefit.
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- Map out your income after leaving; do not automatically rely on unemployment benefit.
- Have illness, threats or an employment conflict assessed before you resign.
- Check your contract, collective labour agreement, probationary period and any interim termination clause.
- Get your new job offer in writing first and check the terms.
- Keep your resignation, acknowledgement of receipt and agreements about the final settlement.
Draft resignation letter — ordinary employee notice
Use only after consciously deciding to resign and checking that ordinary notice is permitted and the end date is correct. Do not use to contest dismissal, when uncertain about sickness/benefits, under pressure, for a fixed-term contract without an early-termination clause or for immediate resignation. Obtain advice first in those cases. Resignation has no general statutory cooling-off period. Complete all brackets and send it yourself; downloading sends nothing.
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Frequently asked questions
Will I receive unemployment benefit if I resign myself?
Usually not. An exception may apply in special circumstances. Before giving notice, have assessed which facts and evidence are relevant; UWV decides on your application.
Can I withdraw my resignation within fourteen days?
There is no statutory cooling-off period of fourteen days when you resign yourself. Contact your employer immediately and seek legal advice if you resigned under pressure or did not understand the consequences.
Must my employer accept my resignation?
A valid unilateral resignation does not require your employer's consent. However, you must check whether you may terminate the contract early and which period applies. A termination agreement requires mutual consent.