Article 7:668 Dutch Civil Code, Book 7

Paragraph 1

The employer informs the employee in writing, no later than one month before an employment contract for a fixed term ends by operation of law:

1. whether or not the employment contract will be continued; and

2. in the event of continuation, of the conditions under which it wishes to continue the employment contract.

Paragraph 2

Paragraph 1 does not apply if:

1. when the employment contract was entered into, it was agreed in writing that it ends at a time not fixed on a calendar date; or

2. the employment contract was entered into for a period shorter than six months.

Paragraph 3

If the employer has entirely failed to fulfil the obligation referred to in paragraph 1, opening words and subparagraph (a), it owes the employee compensation equal to the amount of one month's wages. If the employer has not fulfilled that obligation in time, it owes the employee pro rata compensation. The compensation is owed from one month after the day on which the obligation under paragraph 1 arose. The compensation is no longer owed if the employer has been declared bankrupt, has been granted a suspension of payments or is subject to the statutory debt adjustment scheme for natural persons.

Paragraph 4

The employment contract is deemed to have been continued for the same period, but for no more than one year, on the previous terms, if:

1. the employment contract referred to in paragraph 1 is continued after the expiry of the period referred to in Article 667(1) and the employer has not fulfilled the obligation referred to in paragraph 1, subparagraph (a) or (b); or

2. the employment contract referred to in paragraph 2 is continued by the parties without objection after the expiry of the period referred to in Article 667(1).

Paragraph 5

Paragraph 4, subparagraph (b), also applies where, in cases in which notice of termination is required, timely notice is not given and the consequences of the continuation of the employment contract have not been expressly regulated.

Paragraph 6

What is meant by wages for the purposes of paragraph 3 is determined by or pursuant to order in council.