If you have a permanent contract (‘vast contract’), you have the flexibility to resign at any time. However, if you are on a fixed-term contract (‘tijdelijk contract’), you generally cannot leave before your contract ends unless 1 of the following applies:

• Your contract or collective agreement (‘CAO’) specifically allows early resignation.
• You are in your probation period (‘proeftijd’) when you resign.

If none of these situations apply, you must remain with your current employer until your fixed-term contract ends.

You must give your employer advance notice if you decide to resign. This notice period (‘opzegtermijn’) starts the day after you hand in your resignation and ends on your final day with the company. Check your contract or collective agreement to see how much notice you are required to give. If this is not specified, a standard notice period of 1 month applies.

Make sure you hand in your resignation before the end of the month. This is important as your employment contract only officially ends on the last day of the month in which the notice period expires.

There are 2 situations in which you might qualify for an unemployment benefit even if you resign:

• if you have to resign due to a work-related illness
• if you have to resign because your partner needs to relocate for work

If you resign due to a work-related illness

If you have reported sick due to health issues caused by your job, you should first try to resolve the situation at work. If these efforts fail, you might have to resign to protect your health. However, resigning due to a work-related illness does not automatically qualify you for an unemployment benefit. You will only be entitled to this benefit if an UWV physician confirms 1 of the following:

• It is not your fault that you resigned, considering your mental health at the time.
• It would harm your health to return to work. Additionally, no improvement in your condition is expected in the near future.

If you resign because your partner has to move for work

You might qualify for an unemployment benefit if you have to resign due to your partner having to move for work. To qualify for this benefit, you and your partner will have to meet all of the following conditions:

• Your partner is required to move for work due to a promotion, a reorganisation or a relocation. Or, your partner was unemployed and found a job in a different area.
• Your total commute to and from your current job would be more than 3 hours due to the move.
• You will continue to work in your current job for as long as possible, resigning only close to the time of moving.
• You meet all of the other criteria necessary for receiving an unemployment benefit.

Constructive dismissal (‘ontslag op staande voet’) occurs when you are forced to resign because your employer has made your working conditions intolerable. Keep in mind that your reasons for resigning must be extremely serious such as not being paid or experiencing threats and harassment at work.

We recommend speaking to a legal professional (‘rechtshulpverlener’) if you are planning on resigning due to your employer’s behaviour. They can tell you whether your specific circumstances will entitle you to an unemployment benefit after resigning.

If you are uncertain about whether you have a case for constructive dismissal, conduct an investigation straight away. If it becomes clear that you do indeed have a case, resign immediately without delay. Make sure you tell your employer why you are resigning.

In general, once you have informed your employer that you want to leave your job, you cannot withdraw your resignation. This is why it is important to carefully consider the consequences, such as not being entitled to an unemployment benefit, before resigning.

Only in exceptional circumstances might a judge consider overturning your decision to resign. For example, this could happen if there were evidence that your employer pressured you into resigning by using threats or abusing their power.