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Tesla is globally dismissing about 10% of its workforce as a cost-saving measure. Have you also been declared redundant and are you eligible for dismissal? There is a high chance that you have received or will receive a settlement agreement. Because dismissal can have significant consequences, you can find more information about the dismissal procedure on this page.

Termination agreement Tesla under Dutch law

Tesla will first try to reach an agreement with its employees about terminating the contract. Agreements will be made regarding the end date of the employment contract, the termination payment, whether or not there will be a release from work, the final settlement, post-contractual clauses such as a non-compete clause and/or non-solicitation clause. These agreements are then recorded in a written agreement, also known as a settlement agreement. Other terms of this agreement are employment termination agreement, termination proposal.

It is advisable to have this settlement agreement reviewed by an employment law specialist. By agreeing to this agreement, you voluntarily agree to your dismissal. This agreement is binding and final. Therefore, seek advice on your rights and obligations.

UWV-procedure

If no agreement is reached, Tesla will need to seek permission from the UWV to terminate the employment contract. The UWV will then assess whether there is a valid reason to terminate the employment contract. In this procedure, you will have the opportunity to defend yourself. If the UWV concludes that there is a valid reason for dismissal, Tesla can terminate the employment. Tesla must observe the applicable notice period. The processing time at the UWV is then deducted from the notice period, leaving a minimum notice period of 1 month.

Having the termination agreement reviewed

Tesla advises employees to have the settlement agreement reviewed by an employment law specialist. Tesla has allocated a budget of €500 for this purpose.

The lawyers at Recht op Juristen specialize in employment law and can review the settlement agreement for you:

We will look at, among other things:

  • Has the correct notice period been used?
  • Is there a garden leave?
  • Are the unemployment benefits secured?
  • Is the termination payment fair, or is there room for negotiation?
  •  Are vacation days paid out?
  • What about post-contractual obligations, such as the non-compete clause, non-solicitation clause, and confidentiality obligation? Will these be waived or remain in force?
  • Will a positive certificate be provided and/or positive references given?

If you would like us to review the settlement agreement for you, please contact us via the form below.