Does refusing to sign a settlement agreement also constitute rescission?

If you have not agreed to anything in writing, you can usually simply reject the proposal. If written agreement has already been reached, for example by email or through authorised representatives, a settlement agreement may legally already have been concluded.

In the latter case, merely declining to sign is risky. Within the statutory cooling-off period, use a clear written notice of revocation.

In a case before the District Court of The Hague, an employee's legal adviser had accepted a draft. When the document was presented for signature, the employee refused to sign within fourteen days.

The question was whether, in those specific circumstances, that refusal could be treated as reliance on the statutory cooling-off right.

Have it assessed immediately whether an agreement has already been formed and, if necessary, promptly send an unequivocal written notice of revocation.