Case law on dismissal and settlement agreements

Judgments concerning settlement agreements, payments, full and final discharge and dismissal — explained in practical terms.

What does case law teach us about settlement agreements?

Courts consider not only individual words, but also the agreement as a whole, the negotiations and the circumstances. This overview translates judgments into specific points for employees and employers to consider.

Use a judgment as an explanation and point of comparison. The outcome in your own case will always depend on the facts and the precise wording of your settlement agreement.

Common themes

• full and final discharge and salary
• bonuses and payments
• termination and annulment
• employment disputes and fair compensation

Recent judgments and practical lessons

Select an item to read the facts, the court’s decision and the main practical lesson for your agreement.

Wage claim and full and final discharge

A court held that an omitted wage claim was covered by a comprehensive full and final discharge. Read the facts and the practical lesson.

Read more

Bonus entitlement and full and final discharge

Read how a bonus scheme and the settlement agreement must be interpreted together, and which terms should be recorded expressly.

Read more

Read more by legal subject

Continue from a judgment to the explanation and practical checks.

• Full and final discharge and salary
• Bonus and full and final discharge
• Revoke or terminate a settlement agreement
• Severance pay

Would you like to know what a judgment means for your settlement agreement?

Have your agreement and personal circumstances assessed before making a decision.

• Free settlement agreement review

Dismissal after threats or violence

Safety comes first. The facts and the appropriate response must then be established carefully from a legal perspective.

Ensure safety first and record the facts

End any unsafe situation, involve internal support or the police where necessary, and ensure that those involved are interviewed separately. Preserve CCTV footage, messages, medical information and witness statements.

An employer may investigate and, subject to the applicable conditions, temporarily release or suspend an employee during that investigation. Do not reach a final conclusion until the relevant facts and statements have been assessed.

• Contact us

Do threats or violence always lead to dismissal?

Physical violence and serious threats may constitute an urgent cause for summary dismissal. This is not automatic, however.

The court considers, among other things, the nature and seriousness of the conduct, its context, the evidence, previous warnings, the employee’s role, the duration and course of employment, personal circumstances and the consequences of dismissal. The dismissal must also be given without delay and the reason communicated immediately.

• Read about summary dismissal

What happened in the case?

In case ECLI:NL:RBMNE:2019:2263, a mechanic was summarily dismissed following an incident with a colleague. After a long-running dispute about the temperature in the workshop, the employee had pulled at clothing and verbally confronted colleagues.

The conduct was proven, but the court also considered the limited seriousness of the physical contact, the context of the conflict, the employee’s long service and his previously good performance.

Why was the summary dismissal overturned?

In these specific circumstances, the court considered the conduct as a whole insufficiently serious to justify the most severe dismissal measure. The dismissal was therefore overturned and compensation was awarded.

The judgment does not mean that threats or violence are ordinarily tolerated. It shows that the evidence, context and proportionality must always be assessed individually.

• Have the case assessed

More about dismissal and your rights

See the overview of dismissal situations and the related pages on summary dismissal and dismissal due to conduct and behaviour.

• Dismissal grounds and situations
• Summary dismissal
• Dismissal due to conduct and behaviour

Involved in threats or violence at work?

Have the facts, statements, chosen measure and any proposed settlement agreement assessed immediately from a legal perspective.

• Contact us immediately
• Have your situation assessed

Revoke or rescind a settlement agreement

During the statutory cooling-off period, you may revoke a concluded settlement agreement in writing. Learn the difference from rescission and how to act in time.

What does revocation mean?

Revocation means that, within the statutory cooling-off period, you withdraw in writing from the concluded termination agreement. You do not need to give a reason.

The normal period is 14 days. If the employer did not inform you of the cooling-off period in writing in the agreement, the period is 21 days.

Following a valid revocation, the settlement agreement no longer serves as the basis for the dismissal. Have the implications for your employment contract, pay and next steps assessed immediately.

• Read about the cooling-off period

Revocation is not the same as rescission

Revocation during the statutory cooling-off period is a specific employee right: a brief written statement is sufficient and you do not need to give a reason.

Rescission is a different legal route. Outside the cooling-off period, it cannot be assumed that the agreement can still be reversed. It must then be assessed whether another legal basis exists, such as a defect in the formation of the agreement.

• When does the cooling-off period start?

How to revoke the agreement

1. Determine the final date. Check when the written agreement was concluded and whether the cooling-off period was stated correctly.
2. Write a clear notice. State that you revoke the settlement agreement, include the date and provide enough details to identify the agreement.
3. Send it in a verifiable manner. Use a method that allows both sending and receipt to be proven, and do not wait until the last moment.
4. Retain the complete file. Store the notice, sending details, emails and the agreement safely.

Sample revocation wording

Subject: revocation of settlement agreement

I hereby revoke, within the statutory cooling-off period, the settlement agreement concluded between us concerning the termination of my employment contract.

Also include your name, the date, your employer and the date of the agreement. If in doubt, have the notice reviewed before sending it.

• Have the situation reviewed

Read more about your options

Read the main page about the cooling-off period, or learn more about its starting point and the difference from refusing to sign.

• Cooling-off period
• When does the period start?
• Refusing to sign

Do you want to revoke, or is the deadline uncertain?

Act immediately. Have the starting point, the notice and the consequences for your employment contract reviewed.

• Have your situation reviewed
• Read about the cooling-off period

What to check in a settlement agreement

Check the key legal, financial, and practical risks before agreeing.

Don't sign until everything is correct.

A settlement agreement sets out the final terms regarding the termination of your employment. Therefore, take the time to read the proposal, ask questions, and have any changes incorporated.

Check not only what is stated but also what is missing. Verbal promises offer little certainty if they are not included in the final agreement.

• Review all parts of a settlement agreement
• The basics: what is a settlement agreement?

First rule

Do not agree immediately or sign under time pressure.

Request a full draft and keep a record of all relevant communication.

• Get it checked for free

1. Are the facts correct?

• Employer and employee are correctly identified
• Job title, length of service, and contract type are correct
• The initiative for termination is accurately recorded
• The reason for termination is neutral and factually correct
• There is no mention of urgent cause or unfounded accusations

2. Is the agreement safe for unemployment benefits?

Pay attention to who initiated the termination, the reason for dismissal, the issue of culpability, and the end date. Friendly wording or a verbal promise does not guarantee unemployment benefits; UWV makes the final determination regarding eligibility.

• Check the settlement agreement and unemployment benefit eligibility.

3. Is the end date correct?

Check the applicable notice period and ensure the end date aligns with it. If the notice period is too short, unemployment benefits might only start after salary payments have already ceased.

• Check the notice periods

4. Is the cooling-off period stated?

Employees generally have fourteen days to rescind the written agreement. Without a written statement, this period may extend to 21 days.

• Read about the cooling-off period

5. Is the compensation appropriate?

Do not limit your comparison to the statutory transition payment. Length of service, the reason for dismissal, litigation risks, and negotiating positions may allow for a different compensation amount.

• Read about severance pay

6. Is the final settlement complete?

• Salary up to the correct end date
• Holiday allowance and outstanding holiday entitlement
• Bonus, commission, or thirteenth-month pay
• Expense claims and other entitlements
• Payment date and reimbursement of legal costs

7. What happens between now and the end date?

• Continuing work or release from duties
• Retention of salary and employment conditions
• Handover and availability
• Leave days during the release period
• Returning laptop, phone, and lease car

8. Have future restrictions been arranged?

Check non-competition and non-solicitation clauses, confidentiality, training costs, and side activities. Also arrange for a positive letter of recommendation and agreements regarding references.

• Read about negotiating

9. What is missing?

Consider pension, bonuses, shares, training, outplacement, communication wording, and full and final discharge. Check whether a collective labour agreement (CLA) or social plan grants additional rights.

10. Is there a special risk involved?

Extra caution is required in cases of illness, pregnancy, a fixed-term contract, an employment dispute, or potential summary dismissal. Standard wording may be unsuitable in such situations.

• Settlement agreements and illness

Final check before signing

Everything is in writing

All promises and amendments have been included in the final document.

Everything is clear

You understand the financial, legal, and practical implications of every agreement.

Everything has been checked

Facts, calculations, unemployment benefits (WW), deadlines, and restrictive covenants have been verified.

Practical tool for your initial response

Respond carefully without immediately agreeing to the dismissal proposal.

Template letter after receiving a settlement agreement

Not ready to agree to the substance yet? This template letter confirms receipt, states that you remain available for work and asks for time to obtain legal advice.

Want to be sure nothing is missing?

Have your settlement agreement (VSO) checked for errors, risks regarding unemployment benefits (WW), and negotiation opportunities.

• Get it checked for free

Frequently asked questions

Should I sign a settlement agreement immediately?

No. Ask for time to review the proposal and ensure necessary changes are incorporated into the final text first.

What is the biggest risk regarding unemployment benefits?

Incorrect wording regarding who initiated the termination, the reason for dismissal, or culpability—as well as an incorrect end date—can have consequences. The UWV (Employee Insurance Agency) ultimately determines eligibility for unemployment benefits.

Should I only look at the severance pay?

No. Salary, holiday entitlement, bonuses, contractual clauses, release from work duties, legal costs, and the final discharge clause can also be financially significant.

What if something different was promised verbally?

Ensure every important promise is included in writing in the final agreement before you sign.

Can I negotiate the terms of a settlement agreement?

Yes. You are not obliged to accept the initial proposal. Negotiate strategically regarding the entire package of terms.

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Can a conflict with a colleague lead to dismissal?

A conflict between colleagues does not automatically lead to dismissal. In exceptional cases, however, cooperation may break down so seriously and permanently that continuation can no longer reasonably be expected.

A conflict between colleagues is not automatically a ground for dismissal

The statutory ground of a “disrupted employment relationship” usually concerns the relationship between employer and employee. A problem between colleagues must therefore first be addressed as a cooperation issue.

Only where the disruption has a structural impact on the work and serious efforts fail to restore the relationship may it, in exceptional circumstances, also make the employment relationship with the employer untenable.

When can the conflict nevertheless lead to dismissal?

The court examines the full course of events. It is not a single argument, but the duration, impact, attempts at restoration and available alternatives that determine whether dismissal may be considered.

Serious and lasting

The problems must have persisted and become so profound that normal cooperation can no longer reasonably be expected.

Impact on the work

The tensions must genuinely affect the team’s functioning, service delivery, health or a safe working environment.

Serious attempts to restore cooperation

Discussions, clear working arrangements, coaching and, where necessary, mediation must have been given a genuine opportunity to succeed.

No suitable alternative solution

Alternative working arrangements, team allocation or redeployment must also be investigated where these could provide a workable solution.

What happened in the Court of Appeal case?

Following a restructuring, four secretaries were placed in one team. Disputes about the allocation, responsibility and transfer of work continued for years. Coaching did not produce a lasting solution.

One employee moved to a separate workspace, later reported sick and no longer wished to engage with the other colleagues. Mediation also failed to restore cooperation.

• Read about a disrupted employment relationship

How the conflict became entrenched step by step

1. Cooperation problemsFollowing the restructuring, recurring conflicts arose about the allocation and transfer of work.
2. CoachingSeveral guidance programmes failed to produce lasting improvement.
3. Sickness absence and mediationTensions increased and mediation did not produce a joint solution.
4. Application for terminationThe court ultimately assessed whether further cooperation could reasonably be expected.

What does this case mean for your situation?

The Court of Appeal held that, in these exceptional circumstances, there was a serious and lasting disruption. The long-running problems, the unhealthy working atmosphere, failed guidance and mediation, and the absence of a workable team solution carried significant combined weight.

The case does not establish a general rule that the “most difficult” colleague may be dismissed. The employer must act carefully and demonstrate why restoration or another solution is no longer possible.

• Have the file reviewed
• Help with negotiations

Read more about dismissal situations

See the overview and the related pages on a disrupted employment relationship and dismissal due to conduct and behaviour.

• Dismissal grounds and situations
• Disrupted employment relationship
• Dismissal due to conduct and behaviour

Is a conflict with a colleague escalating?

Have the file, attempts to restore cooperation and any dismissal proposal assessed before agreeing to termination.

• Have your situation assessed
• Contact us

How does the redeployment obligation work before dismissal?

Before dismissal, the employer must in many cases investigate whether the employee can be redeployed to another suitable position within a reasonable period.

Redeployment must be investigated seriously

A reasonable ground for dismissal is often not sufficient. The employer must also demonstrate that redeployment within a reasonable period is not possible or cannot reasonably be required, with the aid of training where necessary.

The obligation applies to many dismissal grounds, including economic grounds, underperformance and a disrupted employment relationship. Redeployment may not be appropriate where the employee has engaged in culpable conduct.

• Dismissal through UWV
• Dismissal through the subdistrict court

When is a position suitable?

A suitable position must be consistent with the employee’s education, experience and abilities. A position for which the employee can become suitable through reasonable training within the reasonable period may also qualify.

The employer must consider existing and expected vacancies, as well as suitable positions occupied by certain flexible or external workers. Short-term temporary work may be disregarded.

• Current UWV guidance (in Dutch)
• Dutch government guidance (in Dutch)

Where must the employer look?

The scope of the investigation depends on the organisation. A general vacancy list is usually not sufficient.

Within the undertaking

• All of the employer’s locations.
• Vacancies that exist now or arise within the reasonable period.
• Suitable positions occupied by flexible workers who must make way under the applicable rules.
• Opportunities made possible through reasonable retraining or additional training.

Within a group of companies

• Other companies within the group may also have to be considered.
• For international groups, opportunities abroad may be relevant.
• Interest in work elsewhere must be discussed in practical terms.
• The employer must be able to substantiate the choices made and the outcomes.

How far ahead must the employer look?

As a general rule, the reasonable redeployment period corresponds to the employer’s statutory notice period. Depending on the length of service, this is generally one to four months. According to Dutch government guidance, a period of 26 weeks applies to an employee with a disability.

The precise starting point depends on the dismissal route. In a UWV procedure, the period generally begins when UWV grants permission for dismissal.

Training must relate to a concrete opportunity

The employer does not have to provide training without a specific purpose. Training becomes relevant where it can make a concrete suitable position attainable within the reasonable period.

A careful investigation in six steps

Both employer and employee benefit from a concrete and verifiable process.

1. Map the positions and the period

Determine which positions are suitable and which vacancies will arise within the reasonable period.

2. Discuss preferences and opportunities

Ask the employee about experience, availability, interests and possible training.

3. Investigate the entire organisation

Do not restrict the investigation to the employee’s own department or location without good reason.

4. Assess training specifically

Record what training is required, how long it will take and whether redeployment will then be realistic.

5. Make a clear offer

Where a suitable position exists, describe the role, location, hours and conditions with sufficient specificity.

6. Record the investigation and response

Document the vacancies reviewed, discussions, considerations, offers and responses.

What does standard wording in a settlement agreement mean?

A settlement agreement often states that redeployment is not possible or has produced no result. Such wording does not in itself prove that a careful investigation was actually carried out.

Because a settlement agreement is voluntary, an inadequate redeployment investigation may influence the decision not to sign or to negotiate better terms.

Check before agreeing

Ask which positions were investigated, which period was used, whether other locations or group companies were considered and why training would not provide a solution.

• Negotiate the settlement agreement
• Have your settlement agreement reviewed

For employees

Identify specific vacancies, relevant experience and training opportunities in good time. Ask for the results of the investigation and give a reasoned response to suitable proposals.

• My rights under a settlement agreement

For employers

Actively conduct the investigation in a transparent and demonstrable manner. Involve the employee and substantiate why positions are or are not suitable.

• Dismissal assistance for employers

Read more

Redeployment is closely connected with the dismissal ground and the procedure chosen.

• Dismissal on economic grounds
• Dismissal for underperformance
• Disrupted employment relationship
• Dismissal during illness

Has redeployment been investigated inadequately?

Have the file, available positions and proposed termination arrangement assessed before the procedure or negotiations are concluded.

• Request legal advice
• View legal assistance and fees

What to do after receiving a settlement agreement

Follow the right steps from receipt of the proposal through to signing.

Start with your goal, not the signature

A settlement agreement is a proposal. Your first decision is not which compensation to accept, but whether you want to keep your job or are willing to discuss leaving.

Do you want to stay? Then first examine the reason for dismissal, your legal position, possible grounds for contesting dismissal and any alternatives. Do you want to leave? Then determine the necessary legal, financial, and practical conditions.

• Review your rights
• The basics: what is a settlement agreement?

To do today

Do not sign anything, do not confirm agreement, and request the full proposal digitally.

• Get it checked for free

Phase 1 - Determining direction

First determine what you want yourself, and avoid letting a hasty response lock you into a specific position.

Decide whether you want to stay or leave

Write down your preferred outcome. Do not let the amount in the initial proposal immediately sway you.

• Do you wish to retain your position?
• Is restoring the employment relationship realistic?
• Under what conditions would departure be acceptable?

Acknowledge receipt only

Acknowledge receipt of the proposal and state that you need time to review it. Do not yet respond to the substance of the proposal or make a counteroffer without having a full overview.

• Request an editable or digital copy
• Note the proposed deadline for a response
• Keep a record of emails and notes from conversations

Phase 2 - Responding safely

Identify the legal, financial, and practical risks before responding to the substance of the proposal.

Gather information and documents

Review the settlement agreement alongside the terms already applicable to your employment.

• Employment contract, addenda, and collective labour agreement (CLA)
• Payslips, bonus arrangements, and pension agreements
• Leave and expense claim overview
• Correspondence regarding the reason for dismissal or any conflict

Check for urgent risks

Start with issues that cannot be resolved simply by a higher severance payment.

• Initiative and reason for dismissal
• Illness or another prohibition on dismissal
• Unemployment benefits (WW), end date, and notice period
• Fixed-term contract or summary dismissal

Phase 3 - Negotiating

Work towards a coherent proposal and carefully track any changes.

Prepare a single, comprehensive response

Make a list of necessary corrections, key conditions, and additional requests. Then, respond with a single, coherent proposal.

• Correct legal basis
• Desired end date and compensation
• Final settlement and working arrangements
• Clauses, references, and legal costs

Negotiate and track versions

Review the entire document after every change. An improvement in one area must not mask a deterioration elsewhere.

• Work from a single current version
• Ensure changes are clearly marked
• Confirm agreements in writing
• Double-check amounts, dates, and attachments

Phase 4 – Finalising and implementation

Check the final text and subsequently monitor the implementation of all agreements.

Perform the final check

Sign only when the agreement is complete, the facts are correct, and you understand the implications.

• All negotiated changes are included
• Unemployment benefits and the notice period have been verified
• The final settlement and payment dates are clear
• The cooling-off period is stated correctly

Monitor what happens after signing

Keep the signed documents and enter all deadlines and obligations into your calendar.

• Note the end of the cooling-off period
• Check payments and the final settlement
• Monitor any release from duties, handover arrangements and the return of company property
• Prepare for a potential unemployment benefit application in good time

What information do you need now?

Check the content

Systematically review all facts, deadlines, financial arrangements, and clauses.

• What to check before signing

Improve the terms

Determine your negotiation strategy and respond with a single, cohesive package.

• How to negotiate a settlement agreement

After signing

Learn how the cooling-off period works and when you can withdraw your agreement in writing.

• Read more

Do you have a proposal in front of you?

Have the agreement reviewed before responding to the substance or signing it.

• Get it checked for free

Frequently asked questions

What should I do first?

Do not sign anything; simply acknowledge receipt and ask for time to assess the full proposal and your situation.

What if I want to keep my job?

First, examine the reason for dismissal, your grounds for defence, and possible alternatives. Agreeing to a settlement agreement (VSO) terminates your employment.

When should I make a counter-proposal?

Only after the legal basis, unemployment benefits, end date, financial implications, and your priorities have been clarified.

What should I check in the final version?

Double-check all facts, amounts, dates, terms and conditions, attachments, and the mention of the cooling-off period.

What do I need to do after signing?

Keep the agreement, note the cooling-off period, and monitor payments, the final settlement, practical arrangements, and any potential unemployment benefit application.

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What are my rights regarding a settlement agreement?

Read about the protections you retain, what you can negotiate, and what is not automatically guaranteed.

You do not have to agree to the proposal

A settlement agreement terminates employment by mutual consent. This dismissal route cannot proceed without your agreement.

If you refuse to sign, the employment contract remains in effect in principle. If the employer still wishes to proceed with dismissal, an appropriate statutory dismissal procedure must be followed, unless another ground for termination applies.

• Read about mutual agreement
• The basics: what is a settlement agreement?

Key right

You may refuse the proposal, ask questions, and agree only to conditions that you accept.

• Get it checked for free

Right 1

Right not to sign

Your employer cannot force you to sign a termination agreement. A deadline for a response included in the proposal does not change this. Do not commit to anything until the consequences are clear.

Right 2

Right to written agreements

Dismissal by mutual consent must be recorded in writing. Ensure that all amounts, dates, commitments, and amendments are included in the final agreement.

Right 3

Statutory cooling-off period

After the written agreement has been concluded, the employee can normally rescind it in writing within fourteen days, without giving a reason. If this right is not stated in writing, the period is 21 days.

• Read all about the cooling-off period

Right 4

Time for review

There is no fixed general statutory "review period" prior to signing. However, you are not obliged to sign immediately. Ask for sufficient time to gather documents, seek advice, and assess any counter-proposal.

Right 5

Rights while employed

In principle, the employment contract and the rights applicable under it remain in effect until the agreed end date. Consider salary, holiday allowance, pension accrual, and other terms of employment, unless otherwise agreed upon in a legally valid manner.

Right 6

Correct end date and notice period

Observing the correct notice period is important for the transition to unemployment benefits (WW). If the termination date is too early, UWV (Employee Insurance Agency) may apply a notional notice period, causing the benefit payments to start later.

• Check the notice period

Right 7

Right to negotiate

You may propose changes regarding matters such as the termination date, severance pay, release from work duties, holiday entitlement, contractual clauses, the employment reference, and legal costs. The employer is not obliged to accept every proposal; reaching an agreement requires the consent of both parties.

• Read about negotiating

Right 8

No automatic fixed amount

A specific severance payment is not automatically fixed in a settlement agreement (VSO). The parties agree on the compensation amount. The statutory transition payment can serve as a relevant starting point, but it is not necessarily the outcome in this scenario.

• Read about severance pay

Right 9

Unemployment benefits (WW) are not automatically guaranteed

A properly drafted settlement agreement can be compatible with retaining eligibility for unemployment benefits, but UWV makes the final assessment regarding entitlement. Factors such as who initiated the process, the reason for dismissal, culpability, the termination date, and the notice period play an important role in this assessment.

• Read about settlement agreements and unemployment benefits

Right 10

Extra protection in special situations

Different rules and risks may apply in cases of illness, pregnancy, a fixed-term contract, a statutory ban on dismissal, or potential summary dismissal. By consenting, you may forfeit your protection.

• Read about settlement agreements during illness

Right, protection, or negotiation?

Statutory right

Written agreement and statutory cooling-off period after signing.

Protection without consent

Employment does not end by mutual consent unless you agree.

Negotiable terms

Severance pay, end date, release from duties, clauses, reference, and reimbursement of legal costs.

Know what you are giving up before you sign

Have your legal position, unemployment benefit risks, and room for negotiation reviewed.

• Get it checked for free

Frequently asked questions

Am I obliged to sign a settlement agreement?

No. Dismissal by mutual consent requires your consent.

Am I entitled to a cooling-off period?

Yes. After concluding the written agreement, the employee generally has a fourteen-day cooling-off period. Without a written statement regarding this, it may be 21 days.

Am I entitled to severance pay?

With a settlement agreement, the parties agree on the compensation. A specific amount is not automatically guaranteed.

Am I automatically entitled to unemployment benefits?

No. The UWV assesses eligibility. The wording and the actual situation must be accurate regarding aspects such as the initiative, the reason for dismissal, culpability, and the notice period.

Can I negotiate all the terms and conditions?

You may propose changes. A final agreement is only reached once both parties consent.

Reviews

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When does the cooling-off period for a settlement agreement start?

The correct starting point determines the date by which you may still revoke the agreement in writing.

The starting point is decisive

The cooling-off period begins when the written termination agreement is concluded. This is often the date on which the employee signs, but that date is not decisive in every case.

Written acceptance by email or agreement reached through authorised representatives may mean that the agreement was concluded earlier. Therefore, assess the complete correspondence and not only the final document.

• Read about the cooling-off period

Which documents should you compare?

Review the signed document, drafts, emails between the parties and messages from lawyers or other authorised representatives. Pay attention to the wording by which a proposal was accepted and whether any reservations or outstanding points remained.

If no complete agreement had yet been reached, the starting point may be later. This requires a legal assessment of the specific communications.

• Read about revocation

Calculate the final day carefully

1. Establish the starting point. Identify the first point at which complete written agreement existed.
2. Determine whether 14 or 21 days applies. Check whether the employer stated the cooling-off period in writing in the agreement.
3. Count conservatively. If in doubt, do not rely on the latest conceivable date and do not wait until the last day.
4. Revoke in writing and in a verifiable manner. Ensure that the employer receives the notice in time.

Uncertainty about agreement by email

A signature is not always the only evidence of a written agreement. An email exchange may be sufficient if it shows that the parties agreed on all termination terms.

If in doubt, have it assessed immediately which communication legally constitutes acceptance.

• Have the starting point reviewed

Read more about your options

Read the main page, learn how revocation works or examine the difference from refusing to sign.

• Cooling-off period
• Revoking or rescinding
• Refusing to sign

Is your final date uncertain?

Act immediately. Have the agreement and correspondence reviewed and do not delay revocation.

• Have the period reviewed
• Read about the cooling-off period

What can you negotiate in a settlement agreement?

Discover which terms you can propose and how to substantiate your requests.

You can attach conditions to your consent

You are not obliged to accept the employer's initial proposal. You can indicate the conditions under which you are willing to terminate the employment contract by mutual consent.

In this context, the word "demand" usually means making a negotiation proposal. Only statutory or existing contractual entitlements are enforceable without a new agreement. Other conditions only come into effect if both the employer and the employee agree to them.

• Check your legal rights first
• The basics: what is a settlement agreement?

A good starting point

Determine your minimum, your desired outcome, and the points where you have room to negotiate.

• Get a free assessment

An appropriate severance package

You can propose a higher severance payment than the one stated in the initial offer. A specific amount is not automatically guaranteed in a settlement agreement.

Justification:length of service, reason for dismissal, litigation risk, prospects of finding other work, and the overall financial consequences.

An appropriate and favourable end date

At a minimum, request an end date that takes the applicable notice period into account. Sometimes, a later date is more advantageous financially or practically.

Justification:salary for the remaining period, seamless transition to unemployment benefits, and time to find new employment.

Release from work duties

You can request to be released from work duties until the end date while retaining your salary and employment benefits.

Justification:peace of mind during a conflict, time for job applications, and an orderly handover.

A comprehensive financial settlement

Ask for clear agreements regarding holiday entitlement, holiday allowance, bonuses, commissions, expense claims, and other outstanding entitlements.

Justification:employment contract, collective labour agreement (CLA), remuneration scheme, and accrued rights.

Reimbursement of legal costs

You can ask the employer to make a reasonable contribution towards the costs of legal review and negotiations.

Justification:both parties benefit from a clear and legally sound agreement.

Lapse of restrictive covenants

Request the full or partial waiver of non-compete, non-solicitation, side-activity, and study-cost repayment clauses.

Justification: The employer is terminating the employment, and restrictions could hinder finding new work.

Positive letter of recommendation and reference

Agree in advance on the text of the letter of recommendation, a neutral departure announcement, and arrangements regarding references.

Justification: Clarity prevents disputes and supports the search for new employment.

Training, coaching, or outplacement

You can request a budget for assistance in finding other work, training, or career counselling.

Justification: Sustainable employability, labour market prospects, and a smooth departure.

Favourable practical arrangements

Consider retaining or taking over a phone, laptop, or lease car; time off for job interviews; and agreements on communication with colleagues and clients.

Justification: Practical value, continuity, and a professional conclusion.

Limited final discharge

Request exceptions to the full and final discharge for claims that are currently unknown or will be determined later, such as a variable bonus or tax adjustment.

Justification: Avoid unintentionally waiving rights that have not yet been calculated or identified.

How do you determine what to ask for?

Necessary

Corrections regarding unemployment benefits, the end date, facts, and existing financial entitlements.

Important

Terms of significant financial or practical value, such as severance pay and contractual clauses.

Desirable

Additional support or practical benefits available for negotiation or trade-offs.

Substantiate every proposal

A concrete and coherent counter-proposal works better than a random list of wishes. Explain what problem a change solves and the value it holds for both parties.

• Read about negotiating

Always assess the overall package

Higher severance pay might be less advantageous if the end date is brought forward or if significant clauses remain in effect. Therefore, compare every new version as a complete package.

• View the full content

Do you know what you can ask for?

Have your proposal reviewed and determine where there is the most room for negotiation.

• Get a free assessment

Frequently asked questions

Can I demand any term I want?

You can propose terms, but not every wish is enforceable. A final agreement requires the consent of both parties.

Can I ask for more than the statutory transition payment?

Yes. In a settlement agreement, parties can agree on a different severance payment. The employer is not obliged to automatically accept the proposal.

Can I ask to be released from my work duties?

You can propose this as a condition. Clearly stipulate the retention of salary, holiday entitlement, and availability.

Who pays my legal costs?

Reimbursement of legal costs is often negotiable, though not automatically mandatory in every situation.

Should I state all my requests at once?

A coherent counter-proposal is usually the best approach. Determine in advance which points are essential, important, and desirable.

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