Settlement agreement: free legal advice from a Dutch employment law specialist in Amsterdam on dismissal
Settlement agreement and dismissal: our experienced attorney employment law in Amsterdam, the Netherlands, P.Chr. Snijders, specializes in dismissal law and in assessing and checking settlement agreements. A settlement agreement, dismissal agreement or letter of dismissal, contains all the conditions for dismissal, such as the end date, dismissal compensation, exemption from work, non-competition clause, legal costs, holidays and final discharge.
It often happens that an employee agrees to a settlement agreement, for example, dispute or a difference of opinion about the performance of the work, or after a reorganization (redundancy). This may result in the consideration of cost reduction methods, such as opting for employee layoffs. A settlement agreement is in The Netherlands also possible after mediation.
Checking your termination agreement in the event of dismissal
A legal dismissal procedure before the court is not necessary when terminating an employment agreement by a settlement agreement (mutual agreement). We advise and negotiate for employees and employers on all subjects in the event of voluntary dismissal, such as:
- the right to unemployment benefit (WW),
- severance pay (transition compensation, dismissal fee),
- notice period or for a better dismissal deal.
Review your settlement agreement in Amsterdam
A free consultation is always possible if you have a termination contract checked and assessed by our employment lawyer in Amsterdam, if your employer offers a fee for legal consultation. Our attorneys will then review your settlement contract. We do this nationwide, so you do not have to live in Amsterdam of the Netherlands to review an employment contract.
Would you prefer to receive advice by telephone and e-mail? In that case, we will provide detailed advice by e-mail or discuss the settlement agreement, the negotiation and the entire process up to and including the signing of the dismissal agreement with you by telephone and/or video.
Termination of the employment contract by mutual consent
For you as an employee, the termination of the employment contract by mutual consent by means of a termination agreement, can have major consequences. After all, the settlement agreement means dissolution of the employment contract and must therefore, among other things, meet the conditions of UWV (Employee Insurance Agency) if you will apply for Dutch unemployment benefits.
Whatever the grounds for dismissal are stated in the settlement agreement, such as redundancy situations,the main condition is that the employee cannot be blamed for the dismissal when the Dutch UWV assesses the settlement agreement.
Verification of proposal for dismissal by experienced dismissal lawyers in Amsterdam
Since 2006, the employer and employee have been able to terminate an employment contract in The Netherlands by mutual consent (i.e.: termination with the consent of the employee) by means of a settlement agreement. Our Amsterdam lawyers assess the settlement agreement and check the best possible settlement. The subdistrict (cantonal) court or the UWV will then not have to rule on dismissal proceedings. The employee therefore does not have to file a defence.
Assessment of a settlement agreement according to Dutch Law
In the following events, an assessment of a settlement agreement is possible:
- redundancy after reorganisation
- a dispute of understanding or disturbed relationship
- long-term illness for more than 2 years with no prospect of recovery.
Usually the first proposal from the employer is not a final proposal. Our Amsterdam lawyers check and assess your settlement agreement (vso) legally free of charge on all points, and we also negotiate the highest possible severance pay.
Severance pay in The Netherlands after dismissal
After all, a severance payment is often agreed upon by mutual consent, but the offered legal transition compensation is not compulsory. However, this is often a guideline in termination agreements. Of course, we will check the amount of the severance pay offered and negotiate with the employer if this compensation is not sufficient.
Draft settlement agreement
Usually, the employer first sends a draft settlement agreement for assessment. Not satisfied with this offer from your employer? Our experts will give you professional advice on a counter-proposal in the termination agreement and how to reach a better settlement.
Assessing dismissal with consent
What should you pay attention to when assessing dismissal with consent? Our Amsterdam lawyers advise and negotiate on dismissal law for employees on all issues that arise in the event of dismissal by mutual consent. Always let us assess and check your termination agreement or letter of dismissal in which the employer wishes to terminate the employment contract before you sign:
- End date or termination date
- transition fee
- exemption from work
- post-contractual terms (such as relationship clause and non-competition clause)
- reimbursement of the legal and lawyer’s fees
- unemployment benefits
- final account: reimbursement of outstanding holidays and leave hours (leave balance), holiday pay
- outplacement budget
- bonus and thirteenth month or year-end bonus
- commission scheme and share scheme
- certificate, letter of recommendation and references
- return or retain lease car, laptop, telephone, pension rights
- final discharge.
Rescind a settlement agreement
The settlement agreement must be signed for it to be valid. An employee can rescind this agreement within two weeks after signing the settlement. When the statutory cooling-off period has passed, the settlement agreement has become final after signing and the employee can, in principle, no longer revoke or reverse it, except in exceptional cases.
Drawing up a settlement agreement
If you would like to draw up a settlement agreement, you can always contact our employment lawyers in Amsterdam and the surrounding area.
Attorney’s fees and termination agreement
Usually, a fixed amount is included for the assessment of a settlement agreement as reimbursement of attorney’s fees. The lawyer sends the statement of legal costs of the termination agreement directly to the employer. In that case, the employer is not authorized to set off the VAT. After all, the legal work has been carried out for the employee. Our lawyers in Amsterdam provide free dismissal advice on all aspects of the termination agreements. This also applies to the costs of legal advice and the compensation thereof by the employer.
Unfairly laid off
If you believe you have been unfairly laid off, you should contact WS Lawyers in Amsterdam.
Assessment of your settlement agreement by a lawyer in Amsterdam: direct assistance from an experienced dismissal specialist
Has your employer offered you a settlement agreement or termination agreement? We advise you to first submit this proposal to our experienced Dutch employment law lawyer for assessment before you sign it. For (free) legal advice on your employment contract or to check and assess your termination agreement, please contact our employment law and dismissal law lawyer in Amsterdam, The Netherlands, Paul Snijders: 020-5221999.