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Settlement Agreement in Dismissal in Zoetermeer

A settlement agreement (VSO) is an agreement between employer and employee to terminate the employment contract by mutual consent. Read more about the conditions, cooling-off period and unemployment benefit security in Zoetermeer.

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Settlement Agreement in Dismissal in Zoetermeer

A settlement agreement (VSO) is a document by which an employer and employee jointly decide to terminate the employment contract without legal proceedings.

What does a Settlement Agreement entail?

A VSO is a written agreement in which the conditions for the end of an employment contract are recorded, without involving the Employee Insurance Agency (UWV) or the sub-district court.

Essential Elements of a VSO

  • The date on which the employment ends
  • The cause of the termination (often at the employer's initiative)
  • [Dismissal compensation](https://rechtshulpamsterdam.nl/encyclopedie/pro-rata-dertiende-maand)
  • Exemption from work duties
  • Full settlement (final discharge)
  • Confidentiality clause

Right of Withdrawal

After signing the VSO, the employee has 14 days to reconsider and cancel the agreement. The employer is obliged to mention this right in the agreement.

Unemployment Benefit Security of a VSO

To be eligible for an unemployment benefit (WW), the VSO must meet certain criteria:

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

Advice for Employees in Zoetermeer

  1. Do not rush to sign - think carefully
  2. Have the VSO reviewed by a legal advisor, for example via the Legal Counter Zoetermeer
  3. Try to negotiate a higher compensation
  4. Take into account the 14-day withdrawal period

Statutory basis: Article 7:670b Dutch Civil Code

Frequently Asked Questions about VSO in Zoetermeer

What are my rights as an employee?

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

Can my employer dismiss me without reason?

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

How many paid vacation days am I entitled to?

You are entitled to at least 20 paid vacation days per year, unless your employment contract states otherwise. These days must be granted upon request.

What is a collective labour agreement and how does it affect me?

A collective labour agreement (CLA) is a set of agreements between employers and trade unions on matters such as salary, working hours and other employment conditions.

What happens 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 Compensations and VSO

How high is the dismissal compensation in a VSO?
The dismissal compensation is often negotiable and may be based on the sub-district court formula (approximately 1/3 monthly salary per year of service). In a VSO, there is sometimes room for a higher compensation, especially if the employer wants to act quickly. Seek advice from a lawyer in Zoetermeer, for example via the Legal Counter Zoetermeer, to determine an appropriate amount. Also take taxes into account: the first €89,000 (2024) is tax-free.

What if I withdraw the VSO within 14 days?
If you withdraw the agreement within the 14-day cooling-off period, it becomes invalid and your employment contract remains in force. Your employer may not draw any consequences from this. Ensure your withdrawal is in writing, for example by email, and keep proof of dispatch. After withdrawal, the employer can still initiate a dismissal procedure via the UWV or the District Court of The Hague.

Will I lose my unemployment benefit rights by signing a VSO?
Not necessarily, but the VSO must meet specific requirements to be unemployment benefit secure. The initiative must come from the employer, the reason for termination must be neutral (for example 'organizational changes') and the fictitious notice period must be complied with. Always have the agreement checked by the UWV or a lawyer in Zoetermeer.

Can my employer force me to sign a VSO?
No, it is not permitted to exert pressure or provide incorrect information to induce you to sign. This may lead to the nullity of the VSO. Do you feel pressured? Note what was said and contact a lawyer in Zoetermeer. You always have the right to the 14-day cooling-off period.

What if I do not accept the terms of the VSO?
You can negotiate elements such as the compensation, end date or exemption from work. Submit a counter-proposal with well-founded arguments, such as your years of service or value to the company. An employment lawyer can help with a persuasive proposal. If the employer does not want to adjust, you can refuse to sign and wait to see if an official dismissal follows via the District Court of The Hague.

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 dismissal procedure via the UWV or the sub-district court if they wish to terminate the employment.