What are my rights regarding a settlement agreement?
Read about the protections you retain, what you can negotiate, and what is not automatically guaranteed.
You do not have to agree to the proposal
A settlement agreement terminates employment by mutual consent. This dismissal route cannot proceed without your agreement.
If you refuse to sign, the employment contract remains in effect in principle. If the employer still wishes to proceed with dismissal, an appropriate statutory dismissal procedure must be followed, unless another ground for termination applies.
Key right
You may refuse the proposal, ask questions, and agree only to conditions that you accept.
Right 1
Right not to sign
Your employer cannot force you to sign a termination agreement. A deadline for a response included in the proposal does not change this. Do not commit to anything until the consequences are clear.
Right 2
Right to written agreements
Dismissal by mutual consent must be recorded in writing. Ensure that all amounts, dates, commitments, and amendments are included in the final agreement.
Right 3
Statutory cooling-off period
After the written agreement has been concluded, the employee can normally rescind it in writing within fourteen days, without giving a reason. If this right is not stated in writing, the period is 21 days.
Right 4
Time for review
There is no fixed general statutory "review period" prior to signing. However, you are not obliged to sign immediately. Ask for sufficient time to gather documents, seek advice, and assess any counter-proposal.
Right 5
Rights while employed
In principle, the employment contract and the rights applicable under it remain in effect until the agreed end date. Consider salary, holiday allowance, pension accrual, and other terms of employment, unless otherwise agreed upon in a legally valid manner.
Law 6
Correct end date and notice period
Observing the correct notice period is important for the transition to unemployment benefits (WW). If the termination date is too early, UWV (Employee Insurance Agency) may apply a notional notice period, causing the benefit payments to start later.
Right 7
Right to negotiate
You may propose changes regarding matters such as the termination date, severance pay, release from work duties, holiday entitlement, contractual clauses, the employment reference, and legal costs. The employer is not obliged to accept every proposal; reaching an agreement requires the consent of both parties.
Right 8
No automatic fixed amount
A specific severance payment is not automatically fixed in a settlement agreement (VSO). The parties agree on the compensation amount. The statutory transition payment can serve as a relevant starting point, but it is not necessarily the outcome in this scenario.
Right 9
Unemployment benefits (WW) are not automatically guaranteed
A properly drafted settlement agreement can be compatible with retaining eligibility for unemployment benefits, but UWV makes the final assessment regarding entitlement. Factors such as who initiated the process, the reason for dismissal, culpability, the termination date, and the notice period play an important role in this assessment.
Right 10
Extra protection in special situations
Different rules and risks may apply in cases of illness, pregnancy, a temporary contract, a prohibition on dismissal, or potential summary dismissal. By consenting, you may forfeit your protection.
Right, protection, or negotiation?
Statutory right
Written agreement and statutory cooling-off period after signing.
Protection without consent
Employment does not end by mutual consent unless you agree.
Negotiable terms
Severance pay, end date, release from duties, clauses, reference, and reimbursement of legal costs.
Know what you are giving up before you sign
Have your legal position, unemployment benefit risks, and room for negotiation reviewed.
Frequently asked questions
No. Dismissal by mutual consent requires your consent.
Yes. After concluding the written agreement, the employee generally has a fourteen-day cooling-off period. Without a written statement regarding this, it may be 21 days.
With a settlement agreement, the parties agree on the compensation. A specific amount is not automatically guaranteed.
No. The UWV assesses eligibility. The wording and the actual situation must be accurate regarding aspects such as the initiative, the reason for dismissal, culpability, and the notice period.
You may propose changes. A final agreement is only reached once both parties consent.
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!
