When does the cooling-off period for a settlement agreement start?

The correct starting point determines the date by which you may still revoke the agreement in writing.

The starting point is decisive

The cooling-off period begins when the written termination agreement is concluded. This is often the date on which the employee signs, but that date is not decisive in every case.

Written acceptance by email or agreement reached through authorised representatives may mean that the agreement was concluded earlier. Therefore, assess the complete correspondence and not only the final document.

Read about the cooling-off period

1Determine when written agreement was reached

2Count the applicable period from that point

Which documents should you compare?

Review the signed document, drafts, emails between the parties and messages from lawyers or other authorised representatives. Pay attention to the wording by which a proposal was accepted and whether any reservations or outstanding points remained.

If no complete agreement had yet been reached, the starting point may be later. This requires a legal assessment of the specific communications.

Read about revocation

Calculate the final day carefully

Establish the starting point. Identify the first point at which complete written agreement existed.
Determine whether 14 or 21 days applies. Check whether the employer stated the cooling-off period in writing in the agreement.
Count conservatively. If in doubt, do not rely on the latest conceivable date and do not wait until the last day.
Revoke in writing and in a verifiable manner. Ensure that the employer receives the notice in time.

Uncertainty about agreement by email

A signature is not always the only evidence of a written agreement. An email exchange may be sufficient if it shows that the parties agreed on all termination terms.

If in doubt, have it assessed immediately which communication legally constitutes acceptance.

Have the starting point reviewed