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Settlement agreement, transition allowance, dismissal

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When am I entitled to Dutch unemployment benefits (WW)?

When am I entitled to Dutch unemployment benefits (WW)?

See the main eligibility conditions, deadlines and points to consider after dismissal.

Eligibility conditions for WW benefits

Your entitlement to Dutch unemployment benefits under the Unemployment Insurance Act (Werkloosheidswet, WW) depends on your employment history, loss of work and income, availability for work and the reason for your unemployment. The Dutch Employee Insurance Agency (UWV) assesses your application and makes the final decision.

A settlement agreement can be compatible with WW benefits, but only if both the terms and the actual circumstances meet the conditions.

In brief

You must usually have been insured for WW, lose enough working hours and pay, satisfy the weeks requirement, be available for work and not be culpably unemployed.

1. You are insured for WW

Employees are usually insured against unemployment. Different rules may apply to self-employed people, director-major shareholders and cross-border workers.

  • You worked as an insured employee
  • Employee-insurance contributions were accounted for through your pay
  • Special forms of employment are assessed separately

2. You lose working hours and pay

For unemployment within the meaning of the WW, you must lose working hours and no longer be entitled to pay for those hours. A small reduction in hours may not create an entitlement.

  • You lose at least 5 working hours per week
  • If you averaged fewer than 10 hours, you lose at least half of those hours
  • You no longer receive pay for the lost hours

3. You satisfy the weeks requirement

During the 36 weeks before your first day of unemployment, you must have worked in at least 26 weeks. Some weeks may be disregarded because of special circumstances.

  • You worked in at least 26 weeks
  • Those weeks fall within the 36 weeks before unemployment
  • The number of hours worked in each qualifying week is not decisive
  • UWV determines the reference period

4. You are available for work

You must be immediately available to accept paid work. If you are ill or unable to work for another reason, a different benefit or assessment may apply.

  • You are able and willing to accept suitable work
  • You are available to the labour market
  • You actively look for work when required
  • You report illness and limitations to UWV

5. You are not culpably unemployed

Your WW entitlement may be at risk if you resign without good reason, refuse suitable work or are dismissed for seriously culpable conduct.

  • You did not cause the dismissal
  • You did not resign unnecessarily
  • There is no urgent cause for dismissal
  • You cooperate reasonably with efforts to retain suitable work

6. The termination date and notice period are correct

An incorrect termination date does not always remove your WW entitlement, but it may delay the start of payments. The settlement agreement should therefore observe the employer's correct notice period.

  • Check the employment contract and collective labour agreement
  • Determine the employer's applicable notice period
  • Agree an appropriate termination date
  • Avoid a period without salary or WW benefits

How long do WW benefits last?

If you satisfy the weeks requirement, UWV normally awards 3 months of WW benefits. A longer period may apply if you also satisfy the years requirement. The final duration depends on your employment history.

  • Weeks requirement: normally 3 months of WW benefits
  • Years requirement: worked in at least 4 of the last 5 years
  • Your employment history determines any additional duration
  • UWV states the duration in its decision

When should you apply for WW benefits?

According to UWV, you can apply from 1 week before your first day of unemployment until no later than 1 week after becoming unemployed. A late application may temporarily reduce or prevent payment.

  • Apply through Mijn UWV
  • Have your DigiD, payslip and employment contract available
  • Keep the signed settlement agreement
  • Check the status and answer any additional questions

More about WW benefits and UWV

Settlement agreements and WW benefits

See how dismissal terms should be recorded to protect your WW entitlement.

Assessment by UWV

Read what UWV considers when employment ends by mutual consent.

Notice periods

Check the notice period that may determine when WW benefits start.

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:

Unsure whether your dismissal qualifies for WW benefits?

Have the settlement agreement reviewed before signing. Risky wording is often harder to correct afterwards.

Frequently asked questions

Am I automatically entitled to WW benefits after dismissal?

No. UWV assesses whether you meet all statutory conditions. The way in which the employment ends is an important part of that assessment.

How many weeks must I have worked?

Under the weeks requirement, you must have worked in at least 26 of the 36 weeks before your first day of unemployment.

Am I entitled to WW benefits if I resign?

Resigning usually creates a serious risk of being regarded as culpably unemployed. Only special circumstances may lead to a different assessment.

Can I receive WW benefits if I am ill?

You must be available for work to receive WW benefits. If you are ill, sickness benefits or another scheme may apply. Have your situation assessed before agreeing to termination.

When should I apply for WW benefits?

UWV advises applying from 1 week before your first day of unemployment and no later than 1 week afterwards.

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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