The notice period in a settlement agreement may seem like a detail, but in reality it determines when your employment will officially end and when your WW benefit can start. If the term is stated incorrectly, the UWV can (temporarily) refuse your WW entitlement or allow it to start only weeks later. It is therefore advisable to always engage a dismissal lawyer to check your settlement agreement and provide legal support for any follow-up steps.
Prevent problems with a free VSO check
With a brief legal check, we can easily prevent mistakes. Our specialists will check whether your VSO meets all WW conditions, so there are no surprises.
Why is the first intake free?
We want to make the threshold for engaging a dismissal lawyer as low as possible. In this way, we want to prevent you from signing too quickly under pressure or having to assess for yourself whether your settlement agreement is correct. Many employees resort to online information or AI tools like ChatGPT in such a situation, but this often results in incomplete or legally incorrect advice. Therefore, always use our free check.
Fast forward to
- What is the notice period in a settlement agreement?
- Why must the notice period be correctly stated in the VSO?
- Notice period and employer initiative
- Notice period of a settlement agreement in case of illness or 2 years of disability
- Common mistakes regarding the notice period of a VSO
- The face behind Transitievergoedingberekenen.nl
- What else can I help you with?
What is the notice period in a settlement agreement?
The notice period is the period between when the resign is given notice and the date on which employment officially ends. In the case of a settlement agreement (VSO) the employment is not terminated, but terminated by mutual agreement. Still, the agreement must take into account the statutory notice period, as if the employer had terminated the employment itself.
In fact, every employment contract is subject to a notice period. Even if your contract says nothing about it, a minimum notice period of one month always applies by law. Depending on the length of your employment, that term can go up to several months. It is therefore important that the end date in your VSO matches this term, otherwise the UWV may rule that you became ‘unemployed’ too soon.
The notice period under a settlement agreement is also known as the notional notice period mentioned. This is the period the UWV assumes as if the employer had terminated the employment.
Why must the notice period be correctly stated in the VSO?
Proper notice in your settlement agreement is important for retaining your WW rights. The UWV Namely, tests whether the agreed termination date matches the employer's statutory or contractual notice period.
Is your notice period too short? Then the UWV sees you as unemployed too early, resulting in your WW starting later. In addition, a correct notice period prevents discussions about the date your employment contract actually ends. This is important for your income, pension accrual and possible transfer to a new job.
Therefore, always have a check that the notice period in your VSO is correct with the legal rules.
Notice period and employer initiative
To preserve your WW entitlement, not only the notice period is important, but also who takes the initiative to terminate the employment. This is because the UWV only pays WW benefits if the dismissal is on the initiative of the employer.
Your settlement agreement must therefore clearly state that the proposal to terminate the employment contract came from the employer and not from you as the employee. If this wording is missing or if it appears as if you took the initiative yourself, the UWV may refuse your WW or delay its commencement.
Regulations on the statutory notice period
How long the notice period lasts depends on how many years you have been employed. The law stipulates the minimum periods your employer must give notice of dismissal. Do you give notice yourself? Then a one-month notice period applies in almost all cases, regardless of your length of service.
| Number of years in service | Statutory notice period for employers |
| Shorter than 5 years | 1 month |
| 5 to 10 years | 2 months |
| 10 to 15 years | 3 months |
| 15 years or more | 4 months |
Important to know:
- The statutory notice period does not apply in every situation. In the case of dismissal during the probationary period or an urgent termination (summary dismissal), no term needs to be observed.
- If your employment contract stipulates that your own notice period is longer than one month, the law basically doubles the period the employer has to keep.
- Some collective agreements deviate from the standard arrangement and set the same notice period for both parties.
Proper application of these rules prevents the end date in your settlement agreement from being set too early, something that could directly affect the start of your unemployment benefit.
Notice period of a settlement agreement in case of illness or 2 years of disability
Are you ill and your employer offers a settlement agreement? Then extra caution is called for. This is because during the first two years of incapacity for work, an employer is not allowed to terminate your employment contract. If you do sign a VSO during this period, the UWV may refuse your benefits because the initiative appears to be formally yours.
Only after two years of illness may the employer terminate the employment, usually by mutual agreement through a settlement agreement. Even then, the notice period must be applied correctly. This period determines when the employment contract officially ends and when you will be entitled to unemployment or other benefits.
Common mistakes regarding the notice period of a VSO
In practice, we often see employers, or employees themselves, unintentionally making mistakes in the notice period of a settlement agreement. Common mistakes include:
- a notice period that is too short or absent, causing the UWV to delay the WW to start;
- an incorrect end date, for example in the middle of the notice period or without taking into account holidays or time off work;
- no clear statement that the initiative to terminate lies with the employer, which could lead to denial of WW;
- premature termination during illness, when this is not allowed by law;
- incorrect calculation of the notional notice period, creating a gap between the end of your employment contract and the start of your benefits.
The face behind Transitievergoedingberekenen.nl
I am Robin Sieverdink, employment lawyer and founder of Transition fee calculator.co.uk. Even during my law studies, I saw how often employees are pressurised to sign quickly upon dismissal, without being fully aware of their rights. That sense of unfairness is exactly what motivated me to do things differently.
Every employee deserves a fair and careful termination of their employment. That is why I take the time to really understand your situation, explain in clear language what is legally correct and guide you step by step to a settlement that does justice to your efforts.
With over 15 years of experience in employment law and settlement agreements, I know how to negotiate a better dismissal settlement in 95% of the cases.
My strength
- I take the time to really listen to your story.
- In 95% of cases, I manage to achieve a better dismissal settlement.
- During a free consultation you will immediately get a clear and honest assessment.
- I clearly explain what the legal choices mean and what the consequences are.
- I carefully guard your rights
- You get expert guidance with no hidden costs.
What else can I help you with?
Get severance pay calculated
Benieuwd op welk bedrag u recht heeft bij ontslag? Onze juristen berekenen kosteloos uw transition allowance volgens de actuele wettelijke regels. Zo weet u exact welk bedrag u hoort te ontvangen en voorkomt u dat uw werkgever te weinig uitbetaalt.
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Negotiating your VSO
Wilt u een hogere vergoeding of betere voorwaarden dan uw werkgever nu aanbiedt? Onze ervaren juristen nemen de negotiation volledig van u over en zorgen dat uw belangen stevig op tafel komen. Zo bereikt u een eerlijke en financieel gunstige regeling.
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Wilt u weten welke severance pay u kunt eisen en wat u precies mag verwachten van uw werkgever? Onze juristen geven praktisch en helder advies over uw rechten bij ontslag, zodat u goed voorbereid elk gesprek in gaat.
VSO in case of illness
Are you sick en heeft uw werkgever een vaststellingsovereenkomst voorgesteld? Lees op onze pagina wat uw rechten zijn, welke risico’s er spelen en hoe u toch een eerlijke regeling met behoud van WW-recht kunt bereiken.
