Your questions about Dutch settlement agreements, answered
No. A settlement agreement (vaststellingsovereenkomst) is a proposal. You are never obliged to sign it, and you can negotiate its terms. If you refuse, your employer needs a valid dismissal ground and approval from the UWV or the court to end your contract.
Employers often set short deadlines to create pressure, but these are rarely binding. Don't sign under pressure. After signing, Dutch law gives you a 14-day cooling-off period (21 days if the agreement doesn't mention it) in which you can revoke your signature without giving a reason.
The statutory transition fee is one third of your monthly salary per year of service, calculated pro rata from day one. Your monthly salary includes your 8% holiday allowance, a fixed 13th month and structural bonuses or allowances. Use our severance calculator for an indication — a negotiated package is often much higher.
Very often, yes. The statutory transition fee is a minimum. Based on your employer's dismissal grounds, the length of a formal procedure and your personal circumstances, we regularly negotiate a significantly higher payout and extra months on payroll.
Yes — if the agreement is drafted correctly. The initiative must come from your employer, there should be no urgent cause (dringende reden) and the correct notice period must be respected. One wrong sentence can cost you your WW rights, which is why we check the wording carefully.
After your employment ends you generally have a 3-month search period to find a new sponsoring employer. The end date of your contract is therefore crucial. By negotiating more time on payroll, we extend the period in which your visa remains protected.
The 30%-ruling can continue if you start with a new qualifying employer within 3 months after your last working day. The timing of your end date, garden leave and notice period all matter — we take this into account in the negotiation strategy.
In most cases, your employer. It is common in the Netherlands for the employer to contribute to the employee's legal costs in a settlement agreement, and we negotiate this as part of your package. With our Ironclad Guarantee, if we don't improve your package and your employer doesn't pay our fees, you pay us nothing.
Yes. You can apply for other jobs, and many agreements include paid garden leave (vrijstelling van werk). We make sure non-competition clauses don't block your next step and that starting a new job early doesn't cost you money you're entitled to.
During sick leave and pregnancy you enjoy strong dismissal protection, which gives you significant negotiation leverage. Signing a settlement agreement while sick can also affect your benefits, so always get advice before you sign.
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