Settlement Agreement as Alternative to Termination in Westland
Settlement agreement as quick alternative in Westland: elements, benefits, risks and tips for negotiating without the subdistrict court in The Hague.
AA
Arslan AdvocatenLegal Editorial
2 min leestijd
# Settlement Agreement: Smart Alternative to Termination in Westland
In the glasshouse horticulture and greenhouse region of Westland, where seasonal labour and flexible contracts are common, a settlement agreement (VSO) is a popular way to terminate the employment contract without the involvement of the subdistrict court in The Hague. Parties such as greenhouse builders in 's-Gravenzande or growers in Naaldwijk negotiate themselves over the end date, compensation and neutrality statement, tailored to the local labour market.
## Essential elements
- Transition payment or more, taking into account Westland collective labour agreements for horticulture.
- Neutrality clause: no blocking of unemployment benefits, crucial for seasonal workers.
- Lifting of non-compete clause, especially relevant due to local competition between nurseries.
- Indemnification of the employer against claims via UWV in the Rotterdam region.
## Benefits
Fast (no procedure at the District Court of The Hague), confidential and custom-made for Westland businesses. Avoids the risk of refusal of termination. Unemployment benefit entitlement after one month of unemployment benefit, ideal for glasshouse horticulture employees who quickly find new work in Poeldijk or Monster.
## Risks and tips
Employee: negotiate higher salary or bonus for lost harvest season. Employer: have it approved by a lawyer specialised in Westland employment law. In case of coercion, it is not legally valid. Use the AWVN model VSO, adapted to local practices. Notarial deed not required, but in writing and digitally signed.
## When to choose?
In case of impending termination due to contraction in horticulture or retirement of experienced staff. In Westland, 80% of dismissals end via VSO, partly due to the busy subdistrict court in The Hague. Always engage a local employment law attorney for balance and compliance with the Glasshouse Horticulture collective labour agreement. (248 words)