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Settlement agreement and UWV

Settlement agreement and UWV

How UWV assesses your dismissal terms and how to protect your entitlement to WW benefits.

What does UWV assess?

When you apply for WW benefits, UWV considers more than the fact that your employment ended by mutual consent. The settlement agreement must also show the reason for dismissal, who initiated it, the termination date and any relevant conduct.

This page focuses on UWV's assessment. For the full overview, see the main page on settlement agreements and WW benefits.

Go to the main WW page

Important before signing

UWV assesses the recorded terms after the event. Before signing, have the agreement checked for wording that could indicate culpable unemployment or create other risks to your WW entitlement.

Have it reviewed for free

1. The employer takes the initiative

The agreement must clearly show that the employer initiated the termination of employment.

  • The employee has not resigned
  • No wording suggesting voluntary resignation
  • The employer’s initiative is clearly recorded

2. There is no urgent cause

The wording must not suggest that you acted in a seriously culpable manner or that summary dismissal was justified.

  • No fraud, theft or refusal to work stated as the reason for dismissal
  • No admission of seriously culpable conduct
  • A neutral reason for dismissal that reflects the facts

3. You are not culpably unemployed

UWV considers whether you could reasonably have prevented your unemployment. Careless statements in the settlement agreement may count against you.

  • You did not ask to be dismissed
  • You do not agree to an incorrect reason for dismissal
  • You do not unnecessarily waive suitable work
  • The recorded facts are demonstrably correct

4. The correct notice period has been applied

An incorrect termination date may delay the start of WW benefits. UWV takes account of the notice period the employer should have observed.

  • Check the employment contract and applicable collective labour agreement
  • Determine the employer’s applicable notice period
  • Take account of the agreed termination date
  • Avoid an income gap before WW benefits start

5. You are available for work

To qualify for WW benefits, you must generally be available for work. Illness or incapacity for work may lead to a different assessment and benefit regime.

  • Always report illness and limitations honestly
  • Do not sign while ill without a specialist review
  • Have the appropriate benefit assessed
  • Align the termination date with your circumstances

6. The agreement is internally consistent

Standard wording offers no certainty if other clauses contradict it. UWV may assess the agreement as a whole and consider the actual circumstances.

  • The reason for dismissal, initiative and termination date are consistent
  • No contradictory clauses or appendices
  • No concealed resignation in emails or statements
  • All relevant terms appear in the final version

When can problems still arise?

Even an agreement containing standard WW wording may be risky if the facts differ. Particular care is required in cases involving illness, a fixed-term contract, summary dismissal, an employee-led departure or a dispute about culpable conduct.

  • The employee effectively took the initiative
  • The reason for dismissal is not neutral or accurate
  • The notice period has been calculated incorrectly
  • The employee is ill on the termination date

After signing: apply for WW benefits

Apply for WW benefits through UWV in good time and keep the signed agreement, payslips and other dismissal documents available. UWV ultimately decides whether you qualify and when the benefits start.

  • Keep the fully signed settlement agreement
  • Check the first day of unemployment
  • Submit the application within the applicable time limit
  • Answer any additional questions fully and accurately

More about WW benefits and UWV

Settlement agreements and WW benefits

View the complete overview of dismissal terms that protect your WW entitlement.

Read more

Entitlement to WW benefits

Read which general conditions apply to Dutch WW benefits.

Read more

Notice periods

Check which notice period applies and what this means for the start of WW benefits.

Read more
About the author

Mr. Edwin van Jaarsveld

Edwin van Jaarsveld has over 20 years of experience with dismissal cases and regularly publishes about them.

Edwin’s expertise can also be found on:

Does your settlement agreement protect your WW entitlement?

Have the entire agreement reviewed before signing, so risky wording and an incorrect termination date can still be corrected.

Have it reviewed for free

Frequently asked questions

Does UWV accept a settlement agreement?

A settlement agreement does not automatically exclude WW benefits. UWV assesses matters including who initiated the dismissal, the reason for dismissal, culpable unemployment and the applicable notice period.

Is the phrase “WW-safe” sufficient?

No. UWV considers the entire agreement and may also take the actual circumstances into account. All clauses must be mutually consistent.

Why is the notice period important to UWV?

If the correct notice period has not been observed, UWV may postpone the benefits until the period the employer should have respected has expired.

Can I sign a settlement agreement while ill and receive WW benefits?

This may create serious risks. If you are not available for work on the termination date, you may not meet the WW conditions. Always have this situation assessed in advance.

Who ultimately decides on my WW benefits?

UWV decides on the WW application. A legally sound agreement reduces the risks, but no other party can guarantee benefits in advance.

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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