You are considering agreeing to a settlement agreement, but are wondering what this means for your unemployment benefit and how the UWV looks at it. This is an important question, because a small mistake in the wording could have major consequences for your benefit entitlement. This is because the UWV strictly assesses whether your dismissal meets the conditions for WW benefit. Curious about whether your VSO is in order for WW benefit? Request a free VSO check and receive clear advice from our employment lawyer.
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Fast forward to
- Dismissal with a VSO or via the UWV: what are the differences?
- Settlement agreement and unemployment benefit: how does the UWV look at this?
- How long will you receive unemployment benefit in a settlement agreement?
- How high is your unemployment benefit after a settlement agreement?
- Conditions of the UWV for WW benefit in case of a VSO
- Common mistakes that could cause your WW to be denied at a VSO
- Waterproof your VSO with a free check
- Can you get more out of your VSO? Then our lawyers will be happy to help you
- Who is the face behind Transition fee calculator.co.uk?
- What else can I help you with?
- Frequently asked questions about VSOs, UWV and unemployment benefits
Dismissal with a VSO or via the UWV: what are the differences?
If your employer wants to dismiss you, there are several ways to do so. Two common routes are resign via a settlement agreement (VSO) and dismissal via the UWV. Both have their own conditions, advantages and concerns. It is important to know the difference so you know which option is most beneficial in your situation.
Dismissal with a settlement agreement (VSO)
In a VSO, you make agreements with your employer to terminate your employment. These agreements are set out in a legal document. The advantage is that you have more freedom to negotiate on matters such as severance pay, termination date and additional conditions. However, the agreement must meet the requirements of the UWV to preserve your right to WW benefits.
When terminating employment with a VSO, always enlist the help of our employment lawyer. He will check whether the agreement is correct, your right to benefits is preserved and you receive the compensation to which you are entitled. Use our free VSO check and get no-obligation advice.
Dismissal via the UWV
With dismissal through the UWV, your employer asks permission to terminate the employment contract. This is often done in cases of economic dismissal or after two years of illness. The UWV assesses whether the dismissal is allowed by law. Because this route goes through an official procedure, there is less room for customisation or additional agreements, but legal review is guaranteed in advance.
Settlement agreement and unemployment benefit: how does the UWV look at this?
The UWV reviews a settlement agreement always critical, as they have to determine whether you are entitled to WW benefits. One question is decisive here: did you become involuntarily unemployed? In order to receive WW benefits, it must be clear that the dismissal was initiated by the employer and that you were not to blame. The UWV looks at settlement agreements, among other things:
- that the agreement states that the initiative for dismissal lies with the employer;
- That there is no pressing reason or culpable behaviour underlying your dismissal;
- That the notice period is correctly recorded;
- That you are available to work after your termination date;
If these conditions are not properly stated in the VSO, the UWV may refuse your WW application. It is therefore wise to have the agreement legally checked beforehand.
Waterproof your VSO with a free check
Our experienced VSO lawyers will take an immediate look at your agreement, look specifically at the UWV's requirements and give you an initial advice within 30 minutes. This initial advice is completely free, so you can be sure of where you stand at no cost.
Can you get more out of your VSO? Then our lawyers will be happy to help you
Does our VSO check show that your agreement is inadequate or that there is room for better agreements? Then our dismissal lawyers will be happy to take the work off your hands. We can negotiate on your behalf, draft a new draft VSO or amend the current provisions. In 98% of cases, this will cost you nothing at all, as employers have often already included a legal budget. If this is not the case, we will include these costs in the negotiations, so that you do not have to pay your own contribution after all.
We push hard for fair severance pay, correct terms and security on unemployment benefits. Once everything is finalised, we ensure a careful completion of your VSO. You can also contact us with questions afterwards. If our help does involve costs, we will always discuss this in advance and only start working if you agree. Feel free to contact us for more information.
Who is the face behind Transition fee calculator.co.uk?
I am Robin Sieverdink, employment lawyer and founder of Transition fee calculator.co.uk. Even during my law studies, I became involved with people who were unfairly pressurised by their employer in a dismissal situation. Often, they did not know their rights or did not dare to use them. That is why I made it my mission to help these people get a fair dismissal settlement.
I really listen to what is going on, take the time to understand your situation and work with you to find a solution that is right. My help is personal, expert and in most cases completely free of charge, as employers often reimburse legal costs.
With more than 15 years of experience and a keen eye for improvement, in 95% of cases I ensure that clients leave with a better settlement than the initial offer. That's what I do it for.
My strength
- I really listen to your story and am committed to looking after your best interests
- In 95% of cases, I provide a more favourable dismissal arrangement than the employer's initial proposal
- During a free consultation, I will give you a clear and honest assessment of your options
- I keep you informed step by step of every development in your case
- I make sure your rights, such as retention of unemployment benefit or payment of holidays, are properly safeguarded
- You will get expert legal help from me, without unexpected costs afterwards
What else can I help you with?
Get severance pay calculated
Want to know exactly what amount you are entitled to upon dismissal? Our lawyers will make a free calculation of your transition allowance based on the legal rules. This will prevent you from losing money.
Engage VSO lawyer
In doubt about your VSO? Our lawyers analyse your situation, provide clear advice and, if necessary, take the negotiations off your hands. That way, you ensure the best possible outcome from your sickness settlement agreement, without any worries.
Negotiating your VSO
Do you want tighter terms or higher severance pay? Our lawyers will conduct the negotiations on your behalf and always put your interests first so that you get the most out of your settlement agreement.
VSO and severance pay
Find out exactly what you are entitled to upon dismissal and how to make the most of your severance pay. With our practical tips, you will appear stronger at every negotiation table.
Frequently asked questions about VSOs, UWV and unemployment benefits
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.
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.
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.
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.
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.
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.
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.