Settlement agreement, transition allowance, dismissal
Special protection against dismissal applies during pregnancy and around maternity leave. Never sign without having the reason, termination date, leave entitlements and financial consequences reviewed.
An employer may not dismiss you because you are pregnant. Protection also applies during pregnancy and maternity leave, for the first six weeks afterwards and during incapacity for work caused by pregnancy or childbirth.
Dismissal may still be possible only in exceptional situations. Pregnancy, the intention to have children or leave must never be the true reason for termination.
An employer and employee may voluntarily agree on termination. In doing so, however, you give up protection that the employer cannot unilaterally circumvent.
Ask why the settlement agreement is being offered now, which formal dismissal route would otherwise be available and whether pregnancy discrimination may be involved.
A fixed-term contract may expire on the agreed date and does not have to be renewed. Pregnancy must not, however, be the reason for non-renewal or for a detrimental change to the role, working hours or contract term.
If an earlier termination date is proposed, also check the early termination clause and the consequences for unemployment benefit (WW) and Dutch pregnancy and maternity benefit.
Check that the reason for termination is neutral and factually accurate, and review the termination date, notice period, compensation, leave, accrued holiday, bonus, pension, legal costs and statutory reflection period.
Also determine which pregnancy or maternity benefit will continue, whether any illness is pregnancy-related and which entitlements remain after employment ends.
Return to the main page about illness or read more about unemployment benefit (WW), the statutory transition payment and having a settlement agreement reviewed.
Edwin van Jaarsveld has over 20 years of experience with dismissal cases and regularly publishes about them.
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Before signing, have the employment contract, leave period, reason for termination and the entire settlement agreement reviewed together.
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