Terug naar Encyclopedie
Arbeidsrecht

Settlement Agreement in Dismissal in Leiden

A settlement agreement (VSO) is an agreement by which an employment contract is terminated by mutual consent. Read more about the conditions, WW security and legal assistance in Leiden.

4 min leestijd

Settlement Agreement in Dismissal in Leiden

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

Definition of a Settlement Agreement

A VSO is a document in which the agreements regarding the end of an employment relationship are recorded, without involvement of the UWV or a court.

Essential Elements of a VSO

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

Right of Withdrawal

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

WW Security of a VSO

For retention of WW rights, the VSO must comply with:

  • The statement that the termination was initiated by the employer
  • An objective reason for termination
  • Observance of the (fictitious) notice period

Advice

  1. Do not rush and think carefully before signing
  2. Have the agreement reviewed by a legal expert
  3. Try to negotiate the compensation
  4. Take into account the withdrawal period

Statutory basis: Article 7:670b DCC

Frequently Asked Questions about VSO in Leiden

What rights do I have 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 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 do I have?

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

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

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

Frequently Asked Questions about Settlement Agreements

How high is the dismissal compensation in a VSO?
The compensation is negotiable and often based on a formula of 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. An employment law attorney can help determine an appropriate amount. Note taxes: the first €89,000 (2024) is tax-free.

What if I revoke the VSO within 14 days?
If revoked within the 14-day reflection period, the agreement lapses and your employment contract remains intact. The employer may not attach any consequences to this. Ensure written revocation (e.g. via email) and keep proof of sending. After revocation, the employer can initiate a dismissal procedure via UWV or court.

Do I lose my WW right due to a VSO?
Not necessarily, but the VSO must meet specific requirements to be WW-secure. The initiative must come from the employer, the reason for termination must be neutral (e.g. 'economic circumstances') and the notice period must be fictitiously observed. Always have the agreement checked by UWV or a lawyer.

Can my employer force me to sign a VSO?
No, coercion or deception by the employer is not permitted and can lead to nullification of the VSO. If you feel pressured, note what was said and seek legal assistance immediately. You always have the right to review the VSO and the 14-day reflection period.

What if I do not accept the terms of the VSO?
You can negotiate aspects such as the compensation, end date or release from work. Submit a counterproposal with solid arguments (e.g. your years of service or market value). A lawyer can support you with a convincing proposal. If the employer does not agree, you can refuse to sign and await an official dismissal request.

Can I reject 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 competent authorities.

Local information: For legal support in Leiden, you can contact the Juridisch Loket Leiden at Stationsweg 46. For cases going to court, the District Court of The Hague, Leiden location has jurisdiction.