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VSO settlement agreement

95% certainty on better severance scheme

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Free VSO check

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Help negotiating VSO

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More than 10 years of experience

VSO settlement agreement

95% certainty on better severance scheme

What can we help you with?

Free VSO check

Fill in the form for a free check

Help negotiating VSO

See how we can help you

Have draft DSO drawn up

Let us draw up a concept
4.9
123 Google reviews

Personal advice tailored to your situation

Free VSO check: advice within 30 minutes

What is a settlement agreement (VSO)?

A settlement agreement, or a termination agreement, is drawn up if your employer wishes to terminate and rescind your employment contract. This agreement may also be an option if your employer wishes to terminate your current fixed-term contract before it expires.

This form of resign is done by mutual agreement, without the intervention of the UWV Whether the cantonal court. The agreement contains all the agreements made during this process. Think about the end date of your employment, the notice period, the reason for leaving and whether you are entitled to a fee.

A free VSO check in 3 steps

 

Please enter your name, telephone number, email address and the settlement agreement you have received from your employer on the application form.

 

 

Once we have received your application, I will review your settlement agreement. We will check that the agreement is legally sound and that your rights are adequately protected.

 

Once I have reviewed your settlement agreement, I will contact you by telephone. During this call, I will answer the following questions:

  • Is the level of transitional compensation correct?
  • Is your entitlement to unemployment benefits secured?
  • Are your outstanding holidays paid out correctly?
  • Can you already look for other work during the notice period?
  • Is there room to negotiate a higher fee?
  • Are you receiving a (positive) certificate?
  • Is the notice period legally correct?

*Valid only for applications submitted on working days before 5.30 pm.

Why is the VSO check free?

A settlement agreement can have significant consequences for your income and your entitlement to unemployment benefit. That is why we offer a free settlement agreement check. This helps to make it easier for you to seek advice in good time.

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Advice without obligation Call or app (+31) 085 080 5482

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Get your VSO checked by us

Once we receive your settlement agreement, we will review it within 30 minutes on weekdays (before 5.30pm) and call you to go over it.

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Fast forward to

How does a dismissal settlement agreement work?

In the event of termination by mutual consent, the employer usually draws up a settlement agreement. This sets out all the arrangements regarding the end of the employment relationship, such as the last day of work, the notice period, any payments due and the entitlement to unemployment benefit. Once you have received the proposal, you can read it through at your leisure and, if necessary, negotiate its terms.

The agreement is only signed once both parties have given their consent. From that moment, a statutory cooling-off period of 14 days applies. It is important that the agreement is drawn up in a legally correct manner; otherwise, this could have consequences for your unemployment benefit entitlements, for example. You should therefore always have the content checked by a lawyer before signing.

Benefits of settlement agreement

? You can avoid a lengthy procedure through the UWV or the courts.

? You have a say in the content of the agreements.

? There is scope to negotiate a severance payment.

? You can agree on the end date and the notice period.

? The agreement provides clarity for both parties.

? If your VSO has been drawn up correctly, you retain the right to unemployment benefit.

? You are entitled to a 14-day cooling-off period as standard after signing.

? In many cases, the employer reimburses (part of) the costs of legal advice.

Disadvantages of a settlement agreement

? Without proper monitoring, agreements could end up working against you.

? If there is an error in the wording, you may lose your entitlement to unemployment benefit.

? The pressure to sign quickly may come at the expense of a fair settlement.

? You must take proactive steps to protect your interests. We’d be happy to help you with that.

? Without proper monitoring, agreements could end up working against you.

? If you are off sick, signing a settlement agreement is almost never a good idea. You are protected against dismissal, and by signing it you may lose your entitlement to unemployment benefit.

What does a settlement agreement contain?

You have agreed, after mutually agreeing to terminate the employment contract, to draw up a settlement agreement. What does this look like and what information should it contain? We list them for you:

  • Name and address employee.
  • Name and address of employer.
  • That the initiative for dismissal came from the employer and not the employee.
  • That there are no grounds for summary dismissal.
  • That this is a termination by mutual consent.
  • The termination date, i.e. the end date of the employment contract (respecting correct notice periods).
  • The height of the severance or transitional allowance; this amount you determine together.
  • Payment of all outstanding holiday entitlements (holiday days, leave).
  • Final settlement (including settlement of any thirteenth month), so that no amount is outstanding after this.
  • Possible exemption from work and agreements on transfer of work.
  • Place and date of signing settlement agreement.
  • Employee has two weeks reflection period after the settlement agreement is drawn up. If the agreement does not state this, the reflection period is three weeks.

In addition to these sections, you may wish to include provisions regarding non-competition and non-solicitation clauses, as well as a confidentiality agreement. Be sure to include legal costs in the settlement agreement, so that the employer covers the costs you incur for advice on the settlement agreement.

What is the notice period for a VSO?

In the case of a settlement agreement, you and your employer agree together on when the employment contract will end. In this case, there is no statutory notice, but it is important that the agreed notice period corresponds to the statutory notice period that your employer would normally be required to observe. If you fail to do so, you run the risk of the UWV (temporarily) rejecting your claim for unemployment benefit because you left your job too early. A correct notice period is therefore not just a formal agreement, but is also crucial for maintaining your entitlement to benefits. Are you unsure whether the notice period in your contract is correct? If so, have a lawyer review it before you sign.

What is the cooling-off period in a settlement agreement?

  • Standard settlement agreement: 14-day cooling-off period. This statutory cooling-off period applies to every employee who signs a VSO. You do not need to give a reason for this, nor do you need to ask your employer’s permission. All you need to do is notify them in writing that you are withdrawing from the agreement.
  • Settlement agreement without a specified cooling-off period: The cooling-off period is automatically extended to 21 days.

Am I entitled to a transition payment if I am on a VSO?

When dismissed via a settlement agreement, in most cases you are entitled to a transition allowance. This allowance is intended to financially cushion the transition to another job. In a VSO, the amount is usually included as part of the agreements. Pay close attention to whether the amount is correct and set according to the legal calculation. Sometimes an employer tries to come up with a lower amount than you are entitled to. Therefore, always have the amount of the compensation checked to make sure you get what you deserve.

Further information on settlement agreements

How I can help you

VSO check

Free of charge and without obligation

Submit your settlement agreement on working days before 5.30 pm and receive free advice within 30 minutes.

  • Advice from an employment lawyer

  • Instant clarity on your position

Help negotiating VSO

From €250 (excluding VAT)

I will negotiate on your behalf to secure higher remuneration and better terms that are in line with your interests.

  • Monitoring legal risks

  • Telephone consultation

Have draft DSO drawn up

From €500 (excluding VAT)

I will draw up a draft settlement agreement that safeguards your interests.

  • Strong starting position without non-compete clause

  • Drafted by an expert

 

My initial advice is free

I’ll be happy to help you with honest advice

My name is Robin Sieverdink, employment lawyer and specialising in

Settlement agreements and dismissal cases. Receiving a settlement agreement often raises questions. Is the proposal fair? Will you still be entitled to unemployment benefit? And can you still negotiate better terms?

It is precisely at that moment that it is important to get clarity. I will carefully assess your settlement agreement, looking not only at its legal content but also at the implications for your income, entitlement to benefits and negotiating position.

Would you like to know where you stand before you sign? Call or send a WhatsApp message via +(31) 085-08 054 82 or send an e-mail to info@legalworx.nl.

  • My initial advice is free

  • 15+ years of experience in dismissal cases

  • 4.9 rating in Google Reviews

Frequently asked questions about settlement agreements

Yes. Having your settlement agreement reviewed is completely free of charge and without obligation. If you subsequently decide to seek legal assistance for negotiations or further guidance, in many cases the costs will be reimbursed by your employer or taken into account during the negotiations. If that is not possible, we will always discuss any costs with you in advance.

Your application will then be processed straight away on the next working day.

A settlement agreement is a written agreement between employee and employer to terminate employment by mutual consent. It sets out the last working day, any compensation and agreements on the notice period, among other things.

Click the button to download a sample settlement agreement.

Yes, provided the settlement agreement is drafted correctly. The reason for dismissal must be neutral and the correct notice period must be observed, otherwise the UWV may reject your WW claim.

The duration of your unemployment benefit is a minimum of 3 months and a maximum of 24 months. Exactly how long you are entitled to unemployment benefit depends on your employment history and the number of years you have worked.

In principle, a settlement agreement does not affect the duration of your unemployment benefit. However, it is important that the agreement is drawn up in a legally correct manner. If the settlement agreement does not meet the UWV’s conditions, this may affect your entitlement to benefits.

If you have been ill for less than two years, it is often unwise to sign a settlement agreement. As soon as you sign, your employment contract ends and salary payment stops. You will then usually not be entitled to sickness benefit, and applying for WW benefit can also become difficult. To be entitled to WW, you must be immediately available for suitable work, which is difficult if you are still ill. Therefore, always get proper advice before agreeing to a VSO when you are ill.

A settlement agreement often offers more scope to agree on, for example, compensation or the end date. Dismissal via the UWV follows a stricter process, but offers more certainty about your WW entitlement. Therefore, get proper advice on what is best in your situation.

No, a transition allowance is not tax-free. The compensation is considered income and you have to pay payroll tax and contributions on it.

Yes, you can. Although the statutory transitional compensation is a minimum, a settlement agreement often allows you to negotiate a higher compensation or additional agreements.

Upon dismissal, relations in the workplace are often no longer optimal. Sometimes the situation runs so high that an employer chooses to release the employee from work even before the official termination date. Are you offered a settlement agreement? If so, you can agree on a work release, also known as garden leave, during the negotiations.

Yes, you can. Sometimes the settlement agreement includes a non-competition or non-solicitation clause. Always check carefully whether this clause is reasonable and get advice on this before agreeing.

 

Yes, an employer is not obliged to offer or agree to a settlement agreement. Sometimes financial reasons come into play, such as a desire to save costs. In other cases, an employer deliberately chooses to dismiss through the UWV or the subdistrict court. Policy can also play a role: employers often want to avoid a settlement with one employee leading to expectations from others.

Yes, once you have signed a settlement agreement, you always have a 14-day cooling-off period. Within this period, you may terminate the agreement without giving any reason. To do so, you simply need to inform your employer in writing that you wish to withdraw from the agreement.

Has your employer not informed you in writing about this cooling-off period? If so, the cooling-off period is extended to 21 days.