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Settlement Agreement in Dismissal in Westland

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

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Settlement Agreement in Dismissal in Westland

A settlement agreement (VSO) is a written agreement between employer and employee to terminate the employment contract jointly.

Definition of a Settlement Agreement

A VSO sets out the conditions under which the employment ends, without the need for a procedure via the Employee Insurance Agency (UWV) or the sub-district court.

Essential Elements of a VSO

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

Right of Withdrawal

After signing, the employee has a two-week reflection period to revoke the agreement. The employer is obliged to include this in the VSO.

Conditions for Unemployment Benefits Rights

To be eligible for unemployment benefits (WW), the VSO must meet the following:

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

Advice

  1. Do not rush to sign - consider carefully
  2. Have the agreement reviewed by a specialist
  3. Try to negotiate the compensation
  4. Keep an eye on the reflection period

Statutory basis: Article 7:670b Dutch Civil Code (BW)

Frequently Asked Questions about VSO in Westland

What are my rights as an employee in Westland?

You are entitled to a safe workplace, fair wages, vacation days with pay retention and protection against inequality or discrimination.

Can my employer dismiss me without reason?

No, dismissal usually requires approval from the UWV and a valid reason. Prior warnings are often necessary.

How many paid vacation days am I entitled to?

At least 20 paid vacation days per year, unless otherwise stipulated in your employment contract. These days must be able to be taken upon request.

What is a collective labour agreement (cao) and what does it mean for me?

A collective labour agreement (cao) contains agreements between employers' organisations and trade unions on wages, working hours and other employment conditions.

What are the rules in case of illness?

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

Frequently Asked Questions about Dismissal Compensation

How high is the dismissal compensation in a VSO?
The compensation is negotiable and often based on a formula such as 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. Consult a lawyer in Westland for advice on an appropriate compensation. Note the tax rules: up to €89,000 (2024) the compensation is often tax-free.

What if I revoke the VSO within 14 days?
If you retract the agreement within two weeks after signing, it lapses and your employment contract remains in force. Your employer may not draw any consequences from this. Ensure a written revocation (for example by email) and keep proof of dispatch. After revocation, the employer can initiate a formal dismissal procedure via the UWV or the District Court of The Hague.

Will I lose my unemployment benefits right due to a VSO?
Not necessarily, but the VSO must meet specific requirements to be WW-safe. The initiative must come from the employer, the reason for termination must be neutral (for example 'economic circumstances') and the notice period must be respected. Have the agreement checked by an expert or the Juridisch Loket Westland.

Can my employer force me to sign a VSO?
No, coercion or misleading by the employer is not permitted and may render the agreement invalid. If you feel pressured, note what was said and seek legal advice in Westland. You always have the right to a reflection period and review of the VSO.

What if I do not find the terms of the VSO acceptable?
You can negotiate matters such as the compensation, end date or release from work. Prepare a counter-proposal with compelling arguments (for example your years of service or market value). An employment law lawyer can help with a persuasive proposal. If the employer does not agree, you can refuse to sign and wait to see if an official dismissal follows.

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