What can you negotiate in a settlement agreement?
Discover which terms you can propose and how to substantiate your requests.
You can attach conditions to your consent
You are not obliged to accept the employer's initial proposal. You can indicate the conditions under which you *are* willing to terminate the employment contract by mutual consent.
In this context, the word "demand" usually means making a negotiation proposal. Only statutory or existing contractual entitlements are enforceable without a new agreement. Other conditions only come into effect if both the employer and the employee agree to them.
A good starting point
Determine your minimum, your desired outcome, and the points where you have room to negotiate.
An appropriate severance package
You can propose a higher severance payment than the one stated in the initial offer. A specific amount is not automatically guaranteed in a settlement agreement.
Justification:length of service, reason for dismissal, litigation risk, prospects of finding other work, and the overall financial consequences.
An appropriate and favorable end date
At a minimum, request an end date that takes the applicable notice period into account. Sometimes, a later date is more advantageous financially or practically.
Justification:salary for the remaining period, seamless transition to unemployment benefits, and time to find new employment.
Release from work duties
You can request to be released from work duties until the end date while retaining your salary and employment benefits.
Justification:peace of mind during a conflict, time for job applications, and an orderly handover.
A comprehensive financial settlement
Ask for clear agreements regarding holiday entitlement, holiday allowance, bonuses, commissions, expense claims, and other outstanding entitlements.
Justification:employment contract, collective labor agreement (CLA), remuneration scheme, and accrued rights.
Reimbursement of legal costs
You can require the employer to make a reasonable budget available for legal review and negotiations.
Justification:both parties benefit from a clear and legally sound agreement.
Lapse of restrictive covenants
Request the full or partial waiver of non-compete, non-solicitation, side-activity, and study-cost repayment clauses.
Justification: The employer is terminating the employment, and restrictions could hinder finding new work.
Positive letter of recommendation and reference
Agree in advance on the text of the letter of recommendation, a neutral departure announcement, and arrangements regarding references.
Justification: Clarity prevents disputes and supports the search for new employment.
Training, coaching, or outplacement
You can request a budget for assistance in finding other work, training, or career counseling.
Justification: Sustainable employability, labor market prospects, and a smooth departure.
Favorable practical arrangements
Consider retaining or taking over a phone, laptop, or lease car; time off for job interviews; and agreements on communication with colleagues and clients.
Justification: Practical value, continuity, and a professional conclusion.
Limited final discharge
Request exceptions to the final discharge for claims that are currently unknown or will be determined later, such as a variable bonus or tax adjustment.
Justification: Avoid unintentionally waiving rights that have not yet been calculated or identified.
How do you determine what to ask for?
Necessary
Corrections regarding unemployment benefits, the end date, facts, and existing financial entitlements.
Important
Terms of significant financial or practical value, such as severance pay and contractual clauses.
Desirable
Additional support or practical benefits available for negotiation or trade-offs.
Substantiate every proposal
A concrete and coherent counter-proposal works better than a random list of wishes. Explain what problem a change solves and the value it holds for both parties.
Always assess the overall package
Higher severance pay might be less advantageous if the end date is brought forward or if significant clauses remain in effect. Therefore, compare every new version as a complete package.
Do you know what you can ask for?
Have your proposal reviewed and determine where there is the most room for negotiation.
Frequently asked questions
You can propose terms, but not every wish is enforceable. A final agreement requires the consent of both parties.
Yes. In a settlement agreement, parties can agree on a different severance payment. The employer is not obliged to automatically accept the proposal.
You can propose this as a condition. Clearly stipulate the retention of salary, holiday entitlement, and availability.
Reimbursement of legal costs is often negotiable, though not automatically mandatory in every situation.
A coherent counter-proposal is usually the best approach. Determine in advance which points are essential, important, and desirable.
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!
