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  • Notice Period (in Netherlands)

    Hi,

    I am based in Netherlands here, and work as a consultant in a chemical process industry. Five months back I signed a Contract For Service agreement with a process company where it was agreed that I would be paid a fixed sum/Euros every month in return for consultancy services. In addition to this, in the agreement a notice period of 2 months was also stated, where either party will have to pay equivalent amount of salary if it wants to leave during the notice period. Recently the company has gone bankrupt and no longer needs my service. They have served me a termination notice. I want to leave early, but they want me to serve my two months. My questions are:

    1. As I am not an employee, is it mandatory for me to serve the notice period?

    2. Office timings are not mentioned in the agreement. As a consultant, is it mandatory for me to go to the client's office every day?

    Thanks in advance.
    Rick Solomon

  • #2
    re: Notice Period (in Netherlands)

    I wish to inform you that you will have to give two months notice. If however company is in bankruptcy and company is not able to pay you on time then you may terminate contract on ground that other party has defaulted in terms of payment and hence breached agreement and so other party has actually brought agreement to an end. As regards attendance you are required to go as and when your services require. You have to perform your service mentioned and thus that service must be performed and daily attendance in absence of contract may not be compelled.

    AFF

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    • #3
      re: Notice Period (in Netherlands)

      You have a contract. If you breach it you can be sued for that.
      Due to a recent promotion, I should now be referred to as Major Obvious.

      I would not be trying to provide information and knowledge if I did not sympathize.

      Some days it is just not worth chewing through the restraints to face life.

      Comment


      • #4
        Re: Notice Period (in Netherlands)

        Originally posted by ricksolomon555 View Post
        Hi,

        I am based in Netherlands here, and work as a consultant in a chemical process industry. Five months back I signed a Contract For Service agreement with a process company where it was agreed that I would be paid a fixed sum/Euros every month in return for consultancy services. In addition to this, in the agreement a notice period of 2 months was also stated, where either party will have to pay equivalent amount of salary if it wants to leave during the notice period. Recently the company has gone bankrupt and no longer needs my service. They have served me a termination notice. I want to leave early, but they want me to serve my two months. My questions are:

        1. As I am not an employee, is it mandatory for me to serve the notice period?

        2. Office timings are not mentioned in the agreement. As a consultant, is it mandatory for me to go to the client's office every day?

        Thanks in advance.
        Rick Solomon
        The above questions should be addressed by the terms of your contract agreement.

        You already acknowledge that there is a 2-month notice requirement of either party. Unless the contract specifies that the notice period is waived for any reason, and that reason has been satisfied, then yes, you would be required to serve the two months.

        As to office timings, what does the contract say about whether or not you are required to make an appearance in the office on a daily basis?
        "If it ain't in writing, it never happened."
        "A lack of planning on your part does not constitute an emergency on my part."
        "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

        Comment


        • #5
          Re: Notice Period (in Netherlands)

          Originally posted by ricksolomon555 View Post
          Hi,

          I am based in Netherlands here, and work as a consultant in a chemical process industry. Five months back I signed a Contract For Service agreement with a process company where it was agreed that I would be paid a fixed sum/Euros every month in return for consultancy services. In addition to this, in the agreement a notice period of 2 months was also stated, where either party will have to pay equivalent amount of salary if it wants to leave during the notice period. Recently the company has gone bankrupt and no longer needs my service. They have served me a termination notice. I want to leave early, but they want me to serve my two months. My questions are:

          1. As I am not an employee, is it mandatory for me to serve the notice period?

          2. Office timings are not mentioned in the agreement. As a consultant, is it mandatory for me to go to the client's office every day?

          Thanks in advance.
          Rick Solomon
          If the notice period is in your contract, both parties have to abide by it. Ordinarily consultants are able to set their own hours as long as they get the work done. When an employer states hours or other requirements as to HOW a job is to be done, then they are treating them as an employee.

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