Example settlement agreement termination agreement

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In the Netherlands, employees are generally well protected against dismissal. The law only provides for a number of grounds on which an employee can be dismissed. The main reasons are:

culpable act or omission
malfunction
Disrupted employment relationship
Urgent reason (summary dismissal)
Business reason
Cumulative ground (combination of reasons)

If one of the statutory grounds for dismissal is present, you as an employer can submit a request for dismissal to (depending on the reason for dismissal) the subdistrict court or the UWV.

But proceedings at the UWV or the subdistrict court can take a long time and cost a lot of money. Moreover, the outcome is uncertain. It is therefore often better to try to reach a termination agreement (also known as a settlement agreement) with your employee.

In a termination agreement ( in Dutch called Vaststellingsovereenkomst ) , things can be agreed upon such as:

the end date of the employment contract
does the employee receive severance pay, and if so how much?
is employee exempt from work
a non-competition clause lapses
does the employee receive a positive certificate?
etc.

To make it easy for you as an employer, our experienced lawyers have drawn up a draft settlement agreement for you. You can order the sample settlement agreement from us for a small amount. The sample is provided to you in an editable file so that you can easily adapt it to your specific situation.

Make it easy on yourself and avoid unnecessary mistakes. Order our sample termination agreement.

Just click on example settlement agreement to order a legal proof example.

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Don’t hesitate! Seek help with dismissal and avoid costly mistakes.

Our experienced lawyers and legal experts assist you with your dismissal case and do everything possible to achieve the best possible outcome for you, such as a higher severance payment. We have over 20 years of experience and have handled more than 15,000 dismissal cases.

Dismissal is a significant event where many things can go wrong. Don’t hesitate to contact us for advice and legal assistance.

Seek help with dismissal

Never just sign without thinking!

A lot can go wrong, and this can cost you a lot of money and your unemployment benefits

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A few things to consider in a dismissal settlement:

Besides the unemployment benefits rights, there are (of course) other matters that must or can be arranged in a dismissal settlement. To give you an idea, below are some topics.

Date of termination of employment contract

Preferably choose a date that falls after the notice period applicable to the employer.

Termination of employment contract

To avoid problems with obtaining unemployment benefits, this should be a 'neutral' reason, such as economic circumstances or a disrupted working relationship that is not the employee's fault.

Severance pay

This is usually an important point. Is the employee entitled to the transition payment, or possibly a higher amount? Ask our specialists about the possibilities.

Is the employee exempted from work?

This can be particularly important in cases of a strained employment relationship or the loss of work during a reorganization.

Are the unused vacation days paid out?

In cases where the employee is granted long-term exemption from work, it is often agreed that the unused vacation days will expire.

Does the employee have to return certain company property (such as a laptop, phone)?

This can be a point of negotiation. It is often agreed that the employee may keep the laptop or phone.

Non-competition clause and non-solicitation clause

Do these clauses remain in effect or do they expire? The expiration of the non-competition clause is especially important for the employee if they want to continue working in the same industry.

Does the employee receive a positive reference letter?

A positive reference letter can, of course, be helpful when looking for another job.

Do the parties agree to final settlement?

If the parties agree to a final settlement, they cannot claim anything beyond what is laid down in the settlement agreement.

Don’t hesitate! Seek help with dismissal and avoid costly mistakes

Dismissal is a significant event, during which a lot can go wrong. Therefore, do not hesitate to contact us for advice and legal assistance.

Our experienced lawyers and legal experts can help you with your dismissal case and achieve the best possible outcome for you — often including a higher severance payment. We have over 20 years of experience and have handled more than 10,000 dismissal cases.

Let us review your agreement for free!

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Example settlement agreement

Our specialists have prepared a sample settlement agreement for you. You can customize the example according to the specific arrangements you make with your employee or employer.

Order the editable sample settlement agreement below.

Model vaststellingsovereenkomst

€ 24,50

Example employee letter

Your employer wants to terminate your employment contract and offers you a settlement agreement in connection with this. What is a sensible response to that offer? A dismissal specialist has prepared a sample letter for your initial response. Using the sample letter, you make yourself available for work and thus retain your right to salary. You also request time to respond to the employer’s dismissal proposal and to seek advice.

Order the sample letter below.

Voorbeeldbrief na aanbod vaststellingsovereenkomst

€ 19,50

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Reviews

Professional advice

Rishico

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

Carla ten Bulte

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

Metternich

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

Louman

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

Singh

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

Gast

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

Thijssen

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

A. van den Berg

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

van Vliet-Houtman

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

Rachel Waki

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!

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