Requesting a Reference Letter Within a Settlement Agreement in Eindhoven

Certificate of employment and your settlement agreement

When you receive a settlement agreement, your first thoughts are likely to turn to the transition payment or the end date of your employment. But a good reference letter is at least as important: it can literally make the difference in your next job application. Knowing what your rights are and how to use them effectively during negotiations is therefore not a luxury.

Statutory right to a reference letter

Article 7:656 of the Dutch Civil Code governs your right to a reference letter. Under this article, your employer is obliged to provide a reference letter upon termination of the employment contract, as soon as you request one. This applies regardless of the reason for departure: including dismissal by mutual consent via a settlement agreement.

Important to know: the employer is not required to offer the reference letter of their own accord. You must actively request it, preferably in writing. If you do not, you may forfeit this right.

Also note: the statutory protections surrounding the reference letter may not be departed from to your detriment as an employee. A provision in a contract stating that you have no entitlement to a reference letter therefore has no legal force.

Wat moet er in staan

The law prescribes what information a reference letter must contain as a minimum. This includes at least the nature of your duties, the contracted hours per day or week, and the start and end dates of your employment.

In addition, you can choose whether to have the following elements included as well:

• The manner in which you fulfilled your obligations (your performance);
• The way in which the employment contract was terminated;
• If the employer gave notice: the reason for doing so.

These last three elements are only included at your request. This gives you control: if you would prefer that the reason for the dismissal is not mentioned, you simply do not need to ask for it to be included.

Neutral or positive reference letter

Under the law, your employer is only obliged to provide a neutral reference letter. This means a factual account of your employment, without any positive or negative assessment of your performance. In practice, such a document falls short: it says little about how you performed, and future employers may interpret this as a signal.

A positive reference letter does include a substantive assessment of your commitment and qualities. Case law shows that a reference letter is not considered positive if it merely lists the facts about working hours and duties without saying anything about the way in which you performed your work. Simply thanking you for services rendered is therefore not sufficient.

The law does not require your employer to be positive, but this is where the power of the settlement agreement comes into play: you can make concrete agreements about this during the negotiations.

Arranging a reference letter in the settlement agreement

The settlement agreement is the ideal moment to record clear arrangements about your reference letter. What has been promised verbally is difficult to prove after the fact. Always put it in writing.

Practical tips for arranging your reference letter in the settlement agreement:

• Ask for a draft text in advance – have the content assessed before signing the settlement agreement, so that you know what you will receive;
• Set out the positive wording contractually – where possible, refer to an attached draft text as an annex to the settlement agreement;
• Agree on who will sign it – a reference letter signed by your direct line manager carries more weight than a generic statement from HR;
• Also make arrangements regarding references – in addition to the reference letter, you can stipulate that your employer will only provide positive verbal references;
• Stel een deadline – agree a specific deadline by which you will receive the reference letter after the end of your employment.

If you leave these arrangements until after signing, you will often find in practice that the sense of urgency on your employer's part quickly diminishes.

If your employer refuses or falls short

If your employer refuses to issue a reference letter, or deliberately includes incorrect information, they are liable for the loss you suffer as a result. This is laid down in law under Article 7:656 of the Dutch Civil Code. The same applies if the text contains hidden signals that create a negative impression without this being explicitly stated in the wording.

Do you have doubts about the content of the reference letter you have received, or do you want to make sure that the arrangements in your settlement agreement are legally sound? If so, it is wise to have this assessed by an employment lawyer.

Why Employment Lawyer Eindhoven

At Arbeidsjurist Eindhoven we help you to look not only at the financial side of a settlement agreement, but also at all the practical terms and conditions for your future on the labour market. A strong reference letter is simply part of that. We have a thorough knowledge of the local labour market in Eindhoven and the surrounding region, and we understand what is happening with employers in Brabant.

Would you like to know whether your reference letter meets the required standards, or would you like help with negotiations about your settlement agreement? Feel free to get in touch. We are happy to look at things together with you.

Frequently asked questions

Am I automatically entitled to a positive reference letter when I have a settlement agreement?

No, the law only obliges your employer to provide a neutral reference letter at your request. To obtain a positive reference letter, you must explicitly stipulate this and have it recorded in writing in the settlement agreement itself.

What must a reference letter contain by law?

Under Article 7:656 of the Dutch Civil Code, the reference letter must in any case state the nature of your duties, the contracted hours, and the start and end dates of your employment. Information about your performance and the reason for leaving is only included at your request.

What if my employer refuses to provide a reference letter?

If your employer refuses to provide a reference letter, includes incorrect information, or deliberately incorporates concealed negative signals in the text, they are legally liable for any loss you suffer as a result. In such a case, you may wish to consider taking legal action.

Can I see the content of my reference letter in advance?

Yes, and it is strongly advisable to do so. Ask for a draft text before you sign the settlement agreement. This allows you to propose amendments and avoids any unpleasant surprises afterwards. Preferably have the agreed text attached as an appendix to the settlement agreement.

Is my employer permitted to state the reason for dismissal in the reference letter?

Only if you request this yourself. You have the choice of whether or not to have the reason for leaving included. Think carefully about whether this is advantageous in your situation before making such a request.

We are happy to think along with you. For advice tailored to your situation, we would be glad to talk. No rights can be derived from the content of this page and it may contain inaccuracies.