Terug naar Encyclopedie
Arbeidsrecht

Settlement Agreement in Dismissal in Rijswijk

A settlement agreement (VSO) is a contract between employer and employee to terminate the employment contract by mutual consent. Read more about the conditions, reflection period and unemployment benefits rights in Rijswijk.

4 min leestijd

Settlement Agreement in Dismissal in Rijswijk

A settlement agreement (VSO) is a contract by which an employer and employee jointly decide to terminate the employment contract.

What does a Settlement Agreement entail?

A VSO is a document in which the agreements regarding the end of the employment contract are recorded, without involving the UWV or district court.

Essential Elements of a VSO

  • Last working day
  • Reason for termination (often at the employer's initiative)
  • [Transition payment](https://rechtshulpamsterdam.nl/encyclopedie/pro-rata-dertiende-maand)
  • Release from work
  • Full settlement
  • Confidentiality clause

Reflection Period

The employee has 14 days after signing to revoke the VSO. The employer is obliged to include this in the agreement.

WW-Safe Settlement Agreement

To preserve unemployment benefits rights, a VSO must meet certain criteria:

  • The initiative for termination lies with the employer
  • The reason for termination is neutral
  • The (fictitious) notice period is observed

Advice

  1. Do not rush to sign - consider carefully
  2. Have the VSO reviewed by a legal expert
  3. Try to negotiate the compensation
  4. Take the reflection period into account

Statutory basis: Article 7:670b DCC

Frequently Asked Questions in Rijswijk

What are my rights as an employee?

You are entitled to a safe workplace, minimum wage, vacation days with pay, and protection against inequality or discrimination.

Can I be dismissed by my employer just like that?

No, dismissal often requires approval from the UWV and must be based on valid reasons. Prior warnings are necessary.

How many paid vacation days am I entitled to?

At least 20 paid vacation days per year, unless otherwise stipulated in your contract. A request for leave must be honored.

What does a collective labor agreement mean for me?

A collective labor agreement (CLA) records agreements between employers and trade unions on matters such as salary, working hours and other conditions.

What if I become ill?

In case of illness, you must immediately inform your employer. You are entitled to continued pay during the first two years of illness.

Frequently Asked Questions about VSO

How high is the dismissal compensation in a VSO?
The dismissal compensation is often negotiable and may be based on the district court formula (approximately 1/3 monthly salary per year of service). In a VSO, you can sometimes agree on a higher amount, especially if the employer wants to act quickly. Seek advice from a lawyer in Rijswijk to determine an appropriate amount. Note the tax rules: in 2024, the first €89,000 is tax-free.

What if I revoke the VSO within 14 days?
If revoked within 14 days after signing, the agreement lapses and your employment contract continues as normal. Your employer may not draw any consequences from this. Ensure written revocation (e.g., by email) and keep proof. After revocation, a dismissal procedure via UWV or the District Court of The Hague may still follow.

Do I lose my unemployment benefit right with a VSO?
Not directly, but the VSO must meet specific requirements to be WW-safe. The initiative must come from the employer, the reason must be neutral (e.g., 'economic circumstances'), and the fictitious notice period must be respected. Have the VSO checked by the UWV or an expert from the Legal Counter in Rijswijk.

Can my employer force me to sign a VSO?
No, coercion or misleading by the employer is not permitted and may render the VSO invalid. If you feel pressured, note the situation and seek legal advice in Rijswijk. You always have the right to review the VSO and the 14-day reflection period.

What if I do not find the terms of the VSO acceptable?
You can negotiate aspects such as the compensation, end date or release from work. Submit a counterproposal with good arguments (e.g., your years of service or market value). A lawyer can help with a persuasive proposal. If the employer does not agree, you can refuse and wait to see if an official dismissal follows.

Can I refuse a VSO without dismissal risk?
Yes, you can reject a VSO without immediate risk of dismissal. The employer must then initiate a formal procedure via the District Court of The Hague or the UWV.