Dismissal by mutual consent
The employer and employee agree to terminate the employment relationship and record the terms in writing.
Agreeing on termination together
In the case ofDismissal by mutual consent The employer asks the employee to agree to the termination of employment. The parties jointly determine the terms and conditions and record them in writing in a settlement or termination agreement.
No dismissal procedure involving UWV or the sub-district court is required. The employee is not obliged to consent and is free to negotiate the proposal.
Important
Mutual consent means that both parties agree voluntarily.
Do not sign until the legal and financial consequences are clear.
Why do parties choose mutual consent?
This route can be faster and more flexible, provided the agreements are recorded carefully and in a balanced manner.
For the employee
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Room to negotiate compensation and terms
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Clarity regarding the end date and financial settlement
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Agreements on release from duties, the employment reference, and restrictive covenants
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No formal dismissal procedure
For the employer
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Faster and more predictable conclusion
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Lower legal costs and less uncertainty
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Tailored arrangements regarding handover and end date
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Agreements are recorded in writing
How does dismissal by mutual consent work?
1. Dismissal proposal
The employer makes a proposal and explains the reason and terms.
2. Review and negotiation
The employee assesses the implications and negotiates any necessary changes.
3. Written agreement
Only after agreement is reached are all terms signed, and the statutory cooling-off period begins.
What terms do you agree upon?
The agreements must align with your personal situation and must not leave any key issues unaddressed.
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Reason for dismissal and employer initiative
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End date and correct notice period
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Severance pay and final settlement
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release from work duties and holiday entitlement
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Bonus, pension, and legal costs
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Non-compete clause, reference letter, and full and final discharge
Negotiate the package as a whole
The severance payment is important, but other agreements can also be worth a great deal of money or freedom. Therefore, evaluate the entire package rather than just a single figure.
Unemployment benefits upon mutual agreement
Mutual agreement does not rule out unemployment benefits, but the agreement must be drafted correctly. For UWV, factors such as the employer taking the initiative, the absence of culpable conduct, and the correct end date are important.
If the notice period is too short, UWV may base its assessment on the statutory (fictitious) notice period. This could result in a later start date for your benefit payments.
Conditions for securing unemployment benefits
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Employer proposed the dismissal
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No urgent cause or culpable conduct
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Neutral and accurate reason for dismissal
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Statutory notice period incorporated
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Actual situation matches the text
Are you ill? Do not sign without specialist advice; termination can affect continued wage payments and benefits.
Cooling-off period after signing
After concluding the written agreement, the employee generally has a fourteen-day cooling-off period. Within this period, the employee can withdraw their consent in writing without giving a reason.
If the employer fails to inform the employee of this cooling-off period in writing, the period is extended to 21 days.
Prevention is better
Do not use the cooling-off period as a substitute for checking the agreement beforehand. Negotiating and making corrections is easier before both parties have signed.
Received a termination proposal?
Have the terms, consequences for unemployment benefits (WW), and scope for negotiation reviewed before agreeing.
Frequently asked questions
The employer and employee agree to terminate the employment relationship and record the terms in writing.
No. Dismissal by mutual consent requires the voluntary agreement of both parties. You may refuse or negotiate.
Possibly, but entitlement is not automatically guaranteed. The initiative, reason for dismissal, culpability and notice period are among the relevant factors. UWV makes the final decision.
With this dismissal route, compensation is not awarded automatically. The parties may agree and negotiate a severance payment.
Normally fourteen days after the written agreement has been concluded. If the right to a cooling-off period is not stated in writing, the period may be 21 days.
Reviews
Professional advice
Your dismissal specialists helped me very well with professional advice following a labor dispute I had with my employer. They clearly have experience with settlement agreements. I definitely needed their assistance to reach a good agreement with my employer. Thank you for the clear communication and all the help!
My thanks
My thanks to Mr. Geradts,
With great professionalism, decisiveness, speed, and effectiveness, I was able to conclude a good settlement agreement. If your first counteroffer hadn’t been so strong, I wouldn’t have been able to secure even half of it.
Not only because of the money, but certainly also to be able to close my employment history with dignity.
I wish every employee in such a situation could have such a skilled lawyer!
Good severance payment
I want to sincerely thank you for the excellent help I received when my employer wanted to terminate my employment contract with a settlement agreement.
You advised me not to sign the agreement and, through negotiations, secured my unemployment benefits and severance payment.
Good advice
We are an employer in a cyclical industry. Sometimes there is plenty of work, other times too little.
Therefore, we regularly have to part ways with employees for “economic reasons.”
We use the services of vaststellingsovereenkomst.org for this. They know exactly how a dismissal request to the CWI or the subdistrict court should be prepared.
Even in cases where an employee underperforms or behaves inappropriately, we have had good experiences with the lawyers at vaststellingsovereenkomst.org.
They are always available to us with sound advice and have never disappointed us.
Difficult situation
A dismissal specialist helped me in a very difficult situation. I had been so foolish to sign a letter in an emotional state, resigning myself. Because of this, I lost my salary and wasn’t entitled to unemployment benefits. Vaststellingsovereenkomst.org managed to reverse this. They were able to prove that I signed under pressure and didn’t fully understand what I was doing.
In the end, I left with a good severance payment and now I have another job. Without the help of Vaststellingsovereenkomst.org, I would be in serious financial trouble right now.
Higher severance payment
I would like to sincerely thank you for the quick and professional assistance.
My employer unexpectedly presented a settlement agreement to terminate my employment contract, but thanks to your help, I received a higher severance payment and compensation for my vacation days.
Excellent assistance provided
Recently, you helped me with my dismissal case. I am very satisfied with the assistance provided. The lawyer was very involved and well-versed in dismissal law. He understood well that I didn’t want a long procedure but wanted the matter resolved quickly.
That solution came swiftly and to my full satisfaction. I didn’t even have to visit your office. Communication was handled by phone and email, so you were always accessible.
My rating: a solid 10.
Dismissed but still well helped
Because of a conflict at work that got seriously out of hand, I was dismissed immediately (summary dismissal). I had behaved badly during that conflict, so I could understand why my boss took such a harsh measure.
But I still had to fight the dismissal, because I had no job and no right to unemployment benefits. Fortunately, the dismissal specialist dared to take the risk and started a procedure against my employer on a No Cure No Pay basis. Without the possibility of No Cure No Pay, I wouldn’t have dared to do it myself.
In the end, after two procedures, the lawyer from vaststellingsovereenkomst.org succeeded in securing my right to unemployment benefits and even a severance payment.
Dismissal assistance
I worked with great pleasure from the age of 18 at a flower exporter in Aalsmeer.
When I was 54, my employer applied for dismissal through the CWI for economic reasons. At that time, I engaged Mr. Edwin van Jaarsveld from Ontslagspecialist for dismissal assistance.
A dismissal permit could not be avoided because my employer was really in financial trouble. Since my employer offered only a very small severance payment, Mr. van Jaarsveld advised me to start proceedings at the subdistrict court.
That turned out to be successful. The court awarded a severance payment of €94,000.
Thanks to the dedication and excellent legal knowledge of vaststellingsovereenkomst.org, I achieved this great result. Kudos!
Very pleasant experience
We are an international company based in Amsterdam. We have engaged Vaststellingsovereenkomst.org as our regular legal counsel and legal assistance for business matters. They successfully concluded our first legal case immediately.
I have found the collaboration with the lawyers at Vaststellingsovereenkomst.org to be very pleasant. We complement each other well regarding key issues and evidence.
Rarely have I experienced such excellent legal service and attention. I would definitely recommend Vaststellingsovereenkomst.org in every respect; their rates are also very reasonable!
