Summary proceedings: employer could end secondment to New York early
On 11 November 2026, the Amsterdam District Court published a judgment of the subdistrict court in summary proceedings of 12 October 2026 on an international secondment that was terminated early (ECLI:NL:RBAMS:2026:10953). This is a provisional ruling: the court rejected the employee's claims.
What happened?
The employee had been employed for an indefinite period by a Dutch company since 2018. As of 1 December 2024, he was seconded to an affiliated company in New York in a management role. The secondment agreement applied for a maximum of three years, and either party could terminate it early with three months' notice. In July 2026, the employer ended the secondment and offered the employee a return to his former position in the Netherlands, at the agreed salary. The employee claimed, among other things, continuation of the secondment and of his visa sponsorship. He pointed to his work visa and to a green card procedure for which the US company had issued a statement at his request in June 2026.
The decision
The court accepted that the matter was urgent, but rejected the claims. According to the court, an employer has a wide margin of discretion in deciding whether to keep an employee in a management role abroad. Good employership (Article 7:611 Dutch Civil Code) is the governing standard, and the review is marginal. Since June 2025, concerns had been raised about the employee's working methods and results, so the decision did not come as a surprise. The employee knew the secondment was temporary, with an early termination option and a return arrangement. The US company's cooperation in the green card procedure did not mean the employer had waived its right to terminate. The test for proposals to change terms of employment from the Supreme Court's Stoof/Mammoet judgment did not apply, because a return to the Netherlands had been expressly agreed.
What does this mean?
The judgment shows the value of a well-drafted secondment agreement. Because the duration, early termination and return had been agreed in advance, the employer could end the secondment without it being assessed as a unilateral change to the terms of employment. Good employership remains the framework, however: timely and careful communication about performance helped the employer.
Practical tips
Set out the maximum duration, the option of early termination and the return arrangement (position and salary) expressly in the secondment agreement.
Raise concerns about performance during the secondment in good time and in writing, so that a termination does not come as a surprise.
Be aware of the effect of statements made for visa or residence procedures, and record that cooperating with them does not mean waiving any rights.
Read more on this topic in our knowledge base, including an article on returning after a secondment. Questions about your own situation? Contact us.
This blog provides general information and is not legal advice. For advice on a specific situation, please contact us.
