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

1Revoke in writing and unequivocally

2Ensure that your notice arrives within the 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

Determine the final date. Check when the written agreement was concluded and whether the cooling-off period was stated correctly.
Write a clear notice. State that you revoke the settlement agreement, include the date and provide enough details to identify the agreement.
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.
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