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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.

1. Submit application

Simply submit your settlement agreement using the form. Does your request arrive before 5.30pm on a working day? Then we will contact you by phone within 30 minutes for personal advice.

As soon as we receive your settlement agreement, employment lawyer Robin Sieverdink reviews the document in person. He checks that all agreements are legally correct, that your unemployment benefit rights are properly safeguarded and that the agreement complies with UWV rules.

After receiving your settlement agreement, one of our dismissal lawyers will contact you personally. During this telephone conversation, you will receive non-binding and clear advice about your situation. Together, we will go through the main points, including:

  • Whether the transitional allowance is calculated correctly and meets legal standards;
  • Whether your WW entitlement is fully secured according to the UWV's conditions;
  • Whether holidays and leave have been settled correctly;
  • Whether you can start working for a new employer already during the notice period;
  • whether there is scope to negotiate a higher remuneration or better terms and conditions;
  • whether a positive certificate or reference will be provided;
  • and whether the notice period has been legally correctly applied in the agreement.

We will tell you what is right, what needs to be adjusted and where there is still benefit to be gained. So you know exactly what you are signing, and whether it is wise to do so at this time.

Does the VSO check show that your agreement can be improved, e.g. with higher compensation or better conditions? Then our lawyer will discuss the possibilities with you and, if you wish, can conduct negotiations with your employer on your behalf.

In most cases, this costs you nothing, as employers often provide a legal budget. In the absence of this budget, we will include the costs in the negotiations, so that you do not have to make a contribution. If your situation does involve costs, you will always be told in advance.

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.

Get in touch today!

We check 100% your hosting agreement for free and without obligation. Sent in before 17:30? Advice within 30 minutes.

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Call or app: (+31) 085 080 5482
Mail: info@legalworx.nl

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Robin helped me quickly, competently and professionally with questions I had no answers to myself. He has the knowledge and knows how to convey it in a clear and good way and is someone who knows what he is talking about, without beating around the bush. You are a class act and will come back to you in the future if I have another question. For me no other than Robin! ⭐⭐⭐⭐⭐

Marleen

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thank you very much for your help

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Dennis

After 2 years of sickness, I ended up in the WIA. Despite good contact with my employer, the settlement agreement felt a bit sloppy and rushed. I got in touch with Robin from LegalWorx via via and he helped me very quickly and competently. And indeed he discovered some inaccuracies in it. He also took the time and effort to answer my other questions or advise me. In the end, I signed the VSO with good feelings.

Robin, thank you very much! ⭐⭐⭐⭐⭐

Mr Bos

Due to a difference of opinion with the employer , regarding a VSO, I came across LegalWorx via Google. Even during our first telephone conversation, I knew I had found the right man. Robin is incredibly decisive, skilled and professional. After discussing the VSO, he immediately went to work for me, with the result that an amended version could be sent to the employer the very next day. I found the way he communicated to me incredibly pleasant. His explanations were clear, straightforward and he can be reached at any time of the day! Thanks to Robin, I got a great deal! I would like to thank you once again for your help. I will definitely recommend LegalWorx to people who need professional legal help. ⭐⭐⭐⭐⭐

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I really liked how quickly you responded to my request for verification of the VSO. On the phone, we discussed my situation and then you took action towards my employer very quickly.

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Fast forward to

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.

Mr. Robin Sieverdink

Senior employment lawyer

+(31) 085-08 054 82 | info@legalworx.nl

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

Do you want certainty about the amount of your severance pay? Our specialised lawyers will determine your legal severance pay free of charge and accurately. With this calculation, you stand strong and are assured of the correct amount, preventing your employer from underpaying you.

Engage VSO lawyer

Are you in doubt about the legal correctness of your sickness settlement agreement (VSO)? Our expert lawyers will analyse your situation thoroughly, provide you with honest advice and, if required, take over the entire negotiations with your employer from you.

Have draft DSO drawn up

Start discussions about your dismissal with a solid and professional foundation. Our lawyers will draft a legally watertight draft settlement agreement on. This ensures that your interests are vigorously protected from the very first moment.

Negotiating your VSO

Are you seeking more favourable terms or higher severance pay? Our lawyers will enter into negotiations on your behalf. We ensure that your wishes and rights are clearly on the table, so that you get the maximum outcome from your settlement agreement.

VSO and severance pay

Get clear and immediate insight into your rights in the event of dismissal. Discover how to get the best outcome from the severance pay. With our practical and strategic advice, you will be best prepared for any interview with your employer.

VSO in case of illness

Looking for clarity on your rights in the event of dismissal during illness and the consequences of a settlement agreement in that situation? On our topic page on VSO during illness, you can read exactly what crucial points to consider and how to reach a fair settlement.

Frequently asked questions about the notice period for a VSO

No, a notice period is not mandatory because it is an agreement between employer and employee. Do you do include a notice period in your VSO? Then check carefully whether this date is correct. If the notice period is incorrect in the VSO, this may result in a later effective date of your benefits.

The notional notice period is the period the UWV assumes as if the employer had terminated the employment. This period determines when your WW benefit can start. If the notional notice period is calculated too short, the start of your benefit will automatically be postponed.

In many settlement agreements, it is agreed that you will be released from work with salary during the notice period. You will then no longer have to work, but will remain employed until the official end date. This way, your salary continues, you accrue holidays and you remain insured until your employment ends.

In principle, the notice period in a settlement agreement must be at least equal to the statutory period applicable to the employer. A shorter term is only allowed if the UWV sees no disadvantage to your WW entitlement as a result. Agreeing a longer term is allowed, but may have consequences for the end date of your employment and the start of your WW.

The legal notice period for the employer depends on the length of your employment:

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

In most cases, employees are subject to a one-month notice period when they terminate their own employment.

The notice period starts to run from the date the settlement agreement is concluded, unless a different starting date is agreed in the agreement. The end date of employment should then match the length of the statutory notice period. This will avoid problems with the UWV when applying for your unemployment benefit.

If the notice period in your VSO is too short, the UWV considers you unemployed too early. Your WW benefit will then only start after the expiry of the statutory (notional) notice period, which can leave you temporarily without income. Therefore, always have your VSO checked so that the correct term is applied and your WW can start without delay.

That depends entirely on what was agreed in your settlement agreement. Many VSOs state that you are exempt from work with pay during the notice period, allowing you to simply start with a new employer. However, sometimes the agreement contains conditions or restrictions, such as that you must give advance notice or that certain benefits will lapse if you start elsewhere earlier.

No. In principle, the employer is not liable for this because, as an employee, you have your own duty to investigate. The employer has no legal duty to inform you of the consequences for your unemployment benefit. However, an employer may not knowingly provide incorrect or misleading information. If he does, this may constitute an error.