A voluntary termination, or resignation, by the employee must be evidenced by a clear and unambiguous statement. If this statement is lacking, there is a risk that the employee will (later) successfully claim that the employment contract continued and that they are therefore still entitled to payment of the outstanding wages. The discussion of whether there is a clear and unambiguous statement, and therefore a voluntary termination, has been litigated a number of times in case law. This discussion is illustrated below using two rulings and shows you what to pay attention to in the event of a voluntary termination. In that connection, we give a number of practical tips at the end of this article.<\/span><\/p>\n In the first case, the employee had been employed as a cook since 10 October 2013. In an email of 19 November 2013 to the employee, the employer states that the employee resigned in a conversation on 15 November 2013. The employee, however, believes that he was sent away by the employer and that he did not resign at all. He therefore claims the outstanding wages. The Hoorn subdistrict court, ruling on 19 March 2014, grants this wage claim because the employer could not make it plausible that there was a clear and unambiguous statement from the employee aimed at his resignation. Written documents or any other evidence substantiating the voluntary termination were lacking here, and that proved fatal for the employer in this case.Case 1: Clear and unambiguous statement not demonstrated<\/h1>\n
\n<\/span><\/p>\nCase 2: Clear and unambiguous statement demonstrated<\/h1>\n