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- draft settlement agreement
- Negotiating VSO
- Dismissal
- Transition fees
- Settlement agreement
- Sickness settlement agreement (VSO)
- Settlement agreement (VSO) UWV and unemployment benefit
- VSO Lawyer
Yes, you may, but you must always report this to the UWV. The wages you earn will be offset against your WW benefit. In some cases, working alongside your WW remains attractive, but be well informed to avoid surprises.
No, not automatically. You will only receive WW if the contract meets the UWV's conditions and the dismissal cannot be blamed on you. Mistakes in the wording or voluntary resignation can result in loss of WW entitlement.
In a VSO, you and your employer agree on the termination of employment. You have more room to negotiate on issues such as compensation or the termination date. With dismissal through the UWV, the procedure is formal and the UWV tests in advance whether the dismissal is permissible. This provides legal certainty, but there is less room for customisation and additional agreements.
If the VSO is not drawn up correctly, the UWV may reject your WW claim. You will then temporarily or fully lose your right to benefits. To avoid this, it is wise to have the agreement checked by a lawyer beforehand.
The notice period determines the official end date of your employment. The UWV will only proceed to provide WW benefits after this period has expired. If a notice period is too short in your VSO, the UWV may impose a waiting period during which you will not receive benefits.
The UWV assesses whether you have become involuntarily unemployed and whether the agreement meets the legal conditions for WW benefits. In doing so, the UWV looks at, among other things:
- Whether the initiative for dismissal lies with the employer;
- Whether there is no culpable behaviour or an urgent reason;
- Whether the statutory notice period is correctly included;
- Whether you are available to work after the end date.
Yes, unless your settlement agreement contains a competition or relationship clause that restricts this. Also make sure you do not violate a notice prohibition during the notice period.
No, with a temporary contract, the two-year sickness notice protection does not apply in the same way as with a permanent contract. If your fixed-term contract expires during your illness, the employer may simply let it end on the agreed end date, without an extension or dismissal procedure. No dismissal permit then needs to be applied for and there is no legal prohibition on giving notice during illness. However, you may be entitled to a transitional payment, depending on the length of your employment and the reason for termination.
In case of illness, dismissal can be done either through a settlement agreement (VSO) or through the UWV, but the best depends on your situation. A VSO is often quicker and gives room to negotiate additional compensation and conditions, such as payment of holidays or a favourable end date. Dismissal through the UWV usually takes longer and offers less room for negotiation, but is tested against the legal conditions, which can give extra legal certainty. In many cases, a VSO provides more flexibility and financial benefit, provided it is properly checked legally.
Yes, in most cases you are entitled to a transition allowance if you leave employment after two years of illness. By law, this compensation is intended to provide financial compensation for the loss of your job and support you in moving to other work. The amount is calculated based on your gross monthly salary, including fixed salary components, and the number of years of service. Only in exceptional situations, such as in the case of seriously culpable actions on your part, can the compensation be cancelled.
Yes, a settlement agreement can be offered even during illness. In fact, your employer may present you with a VSO at any time, but you are never obliged to sign it. During illness, the legal notice ban, which gives you additional protection against dismissal. If you sign anyway, you waive that protection and there may be consequences for your entitlement to benefits or your financial position. It is therefore wise to always have a VSO in case of illness checked by an employment lawyer first, to make sure the terms are correct and whether there is room for a better arrangement.
It depends on your situation, years of service, income and the employer's position. In practice, we see that a severance payment after negotiation often ends up 1.5 to 2 times higher than the initial proposal. Let us check your VSO to assess your chances.
Yes, but only if you are still within the statutory 14-day cooling-off period. You must then first let your employer know in writing that you are withdrawing the signed VSO. Only then can we see together whether it is possible to renegotiate better terms. So contact us soon if you are in doubt.
This also occurs. Nevertheless, we often succeed in persuading employers to reach a better settlement after all. We know exactly how to express your interests forcefully. And if there really is no movement, we advise you on alternative legal steps.
Yes, please do. In 98% of cases, it costs you nothing, as the costs are usually reimbursed by the employer or included in the negotiation. We arrange everything for you.
If you do not agree, your employment contract will basically continue as before. You do not have to sign anything you do not agree with. In the meantime, we advise you to have your position legally assessed so that you are well prepared to go into the conversation with your employer.
You can negotiate several parts of your VSO, including the amount of severance pay, the notice period, work release, payment of holidays, a positive certificate, the non-competition clause and even reimbursement of legal fees. Our lawyers will help you with this.
In most cases, legal advice on dismissal costs you nothing at all. This is because employers often include a budget for legal support in the settlement agreement. Is this not the case? Then we will include these costs in the negotiations with your employer. Should any costs remain, you will always be informed in advance and we will only ask for your written approval if you agree.
Yes, negotiating your settlement agreement is not only possible, but often wise. Employers usually initially offer a standard proposal, but there is often more to be gained from it. Think of a higher severance payment, relief from work, dropping a non-competition clause or reimbursement of legal fees. With the help of a VSO lawyer, you will be stronger at the negotiating table.
A good example of this is the story of Jan Onderhandel. With legal support, Jan managed to increase his severance pay to twice the statutory transitional compensation and even received three months' extra salary.
Yes, you yourself can take the initiative to propose a settlement agreement (VSO) to your employer. This often happens when you notice that the working relationship is under pressure or when you prefer to part ways by mutual agreement. A VSO avoids lengthy proceedings and provides space to negotiate on issues such as severance pay, notice period or exemption from work.
Yes. At Transitievergoedingberekenen.nl, you will receive professional advice from experienced dismissal lawyers. Thanks to the employer's legal budget, we can often offer our help for free, without compromising on quality.
Like a lawyer, a legal expert specialises in employment law but does not litigate in court. For negotiations and advice on a VSO, a lawyer is usually sufficient.
An employment law lawyer will assess your situation, check whether your rights are respected, negotiate with the employer on your behalf and, if necessary, draft an amended proposal or new agreement.
As soon as you receive a settlement agreement or notice that dismissal is becoming negotiable, it is wise to seek legal advice. The earlier you are there, the better you can determine your position.
A settlement agreement (VSO) can be sensible, provided the terms are well defined. It allows you to come to an agreement with your employer about your dismissal, such as compensation, work release and preservation of your unemployment benefit entitlement. However, it is crucial that the agreement is legally correct. A VSO drafted incorrectly could have unpleasant consequences, such as loss of your benefits.
Upon dismissal, you will in many cases be entitled to a transfer fee, a notice period, payment of outstanding holidays and, depending on the situation, an unemployment benefit. Dismissal via a settlement agreement also offers scope to negotiate higher compensation or additional conditions. Therefore, always have your situation assessed by a VSO lawyer so that you know exactly what you are entitled to and do not miss out on anything.
Checking your settlement agreement with us is completely free of charge. Do you send the VSO on a working day before 17:30? Then you will receive personal advice within 30 minutes, with no obligation.
A severance payment under a VSO is often more favourable than the transitional compensation because you can negotiate it. The transition compensation is fixed by law and non-negotiable.
If your employer terminates your employment through the UWV or the subdistrict court, you are legally entitled to a transitional payment. With a VSO, this is not mandatory, but is often taken as a starting point for negotiations.
It depends on your situation and how well it is negotiated. The statutory transitional compensation amounts to about 1/3 monthly salary per year worked. With a settlement agreement, the severance pay is often higher, 1/2 monthly salary per year worked or more is no exception. The exact amount depends on your years of service, age, position and whether a file has been built up, for example.
No, severance pay is not mandatory. But in practice, it is often offered to smooth the dismissal. You can negotiate about this and our lawyers will be happy to help you.
You are entitled to severance pay if you leave your job by agreement with your employer through a settlement agreement. This compensation is negotiable and intended to compensate you for losing your job.
Sure. A draft settlement agreement is a proposal from your employer, not a final agreement. Almost all parts, such as severance pay, notice period, work release and certificate, are negotiable. Legal help can make all the difference here.
Yes, even if you have signed a draft VSO, you can revoke it in writing within 14 days of signing without giving any reason. This is regulated by law to give you as an employee a chance to reconsider your decision.
Yes, a settlement agreement is legally binding once both parties, you and your employer, have signed. The document sets out the agreements on termination of employment and is therefore legally valid.
The average "transition compensation" included in a settlement agreement (VSO) is 0.57 gross monthly salary per year worked. This is therefore 0.24 gross monthly salary higher than the legal calculation. The compensation is therefore higher on average when a lawyer negotiates a VSO.
In theory, there is no right to a transition fee in the case of a settlement agreement (VSO). The employer only owes a transition fee when a dismissal via the UWV or dissolution via the subdistrict court takes place. However, it is common for the VSO to include a severance payment that is as high or higher than the statutory transitional compensation.
You have no entitled to a transition allowance if you resign yourself (except if employer has acted seriously culpable), you are seriously culpable for the dismissal and if the employer has been declared bankrupt or has a suspension of payments. This also means that if you decide not to extend the fixed-term employment contract you will no entitled to a transitional payment.
You are entitled to a transition allowance when the employer takes the initiative to terminate the employment contract through the UWV or Cantonal Court. The conditions herein are that you do not serious culpable dismissal, such as in cases of theft or fraud, among others. This means that you are also entitled to a transition allowance if the employer decides not to extend your fixed-term employment contract.
Of course, tax has to be paid on the transitional compensation / severance pay you receive. How much tax you have to pay depends on your annual income. In 2023, there are two rates applied:
Annual income up to €73,031 you pay 36.93% tax
Annual income from €73,031 you pay 49.5% tax
That is certainly allowed. We even advise doing so. The settlement agreement was drawn up by the employer. Are all the agreements on paper correct as you have agreed? And do you get everything out of the agreement financially? Get your VSO checked for free
Our employment lawyer checks your offered VSO free of charge.
Your employer will request your dismissal from the UWV. This can be done if you do not agree to your dismissal and therefore do not agree to a settlement agreement.
Even in the case of business economic reasons or long-term disability, the employer can request your dismissal through the UWV. Of course, this must be a well-founded application, otherwise the UWV cannot assess it.
In exceptional cases, your employer has the right to summarily dismiss you. This means you will be dismissed with immediate effect. The current employment contract will be dissolved without notice. Your employer does not need permission from the subdistrict court for this. However, this cannot be done just like that and there are strict requirements before the employer can resort to such an extreme measure.
You also have rights in the situation of a labour dispute between you and the employer. For example, your boss is not allowed to unilaterally change the content of your job. He may only do so if this is included in your contract. This can lead to a conflict if you do not agree with the new position. You may also not be dismissed because of illness, but dismissal during illness is allowed. You may have fallen ill due to the industrial dispute. Often, a dismissal by mutual agreement and a settlement agreement is then the best solution. Dismissal and illness is often a complex situation that requires expertise and experience. Get advice and assistance from an employment lawyer.
There is no generally applicable formula for severance pay. The amount of this compensation is calculated based on x number of months or the transitievergoeding times two. But this depends on all the facts and circumstances applicable in your specific situation.
The subdistrict court formula is a formula that the severance pay calculates. Dutch subdistrict courts developed this guideline to calculate the amount of the so-called dissolution compensation. With effect from 2015, subdistrict courts no longer use the subdistrict court formula for dismissal, but the severance pay and any additional compensation on top of this severance pay. In case of individual dismissal by mutual consent (settlement agreement) and collective dismissal, the subdistrict court formula can still be used to determine compensation.
After you and your employer have jointly agreed that your employment contract will be terminated, he will issue a settlement agreement on. This document contains your details and all the agreements made.
Our employment lawyer will be happy to assist you. Thanks to years of experience and the right expertise, he has the answers to all your questions surrounding your dismissal. Contact us via the contact form.
A settlement agreement, or a termination agreement, is drawn up if your employer wants to terminate and dissolve the employment contract with you. This agreement can also be an option if he does not want to extend the current temporary contract. With the condition that you have agreed this together. If one party does not agree to this course of action, a settlement agreement is not applicable and you must dissolve the contract in some other way.
Have you already received a settlement agreement and want it reviewed? Send the document to us and our employment lawyer will review the agreement.
If you have been made redundant, you will find yourself in an uncertain and emotional situation. At such a time, it is nice and good if an expert thinks with you. He can look after your interests and stand up for your rights. Extensive information on dismissal, severance pay and transition compensation can be found on the page resign.
You can very easily calculate the amount of your severance pay online. Enter your details in the form and you will see the amount of your transitional allowance. Of course, this does not fix the final amount.
The amount of your transition allowance is one-third of your monthly salary per year of service and with a maximum amount of €89,000