Legal advice on settlement agreement in Amsterdam

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Legal advice on Dutch settlement agreement in Amsterdam lawyer firm

Do you need legal advice or do you want to negotiate about a settlement agreement in Amsterdam? The specialized employment law firm WS Advocaten in Amsterdam has been providing legal advice since 1997 on the assessment of a settlement agreement. As an employment law lawyer, we know how to advise on a settlement agreement or a redundancy scheme. Our experienced Dutch dismissal lawyers assess and check the termination agreement (dismissal with consent) in case of dismissal, not only after 2 years of illness or in case of a dispute, but also in case of business economical reasons (such as reorganization).

Only with a termination agreement or dismissal letter by mutual consent (dismissal agreement) that meets the requirements of the UWV, there is a right to (continued) Dutch WW (unemployment) benefit, if the employee is not culpably unemployed. The advice of our settlement agreement attorney at law is in the first place aimed at maintaining unemployment (WW) benefit in The Netherlands.

Advice on a settlement agreement in Amsterdam

Our Dutch dismissal specialist in Amsterdam will check the agreement (vso) for you. This is possible for all types of employment contracts, such as part-time and a 0-hour contract. The employment lawyers also negotiate the terms of the dismissal:

  • termination date of employment
  • transition fee
  • exemption from work
  • post-contractual terms (such as relationship clause and non-competition clause)
  • reimbursement of the legal lawyer’s fees
  • reimbursement of outstanding vacation days and leave hours
  • bonus and thirteenth month
  • letter of recommendation and references
  • fictitious term of notice
  • relationship clause
  • confidentiality
  • Reflection period
  • Final discharge 
  • Termination agreement and severance pay

Transition fee and severance pay

An important part of our advice on a settlement agreement is the amount of the transition (dismissal) fee, a kind of severance payment. 

Although a transition compensation is not mandatory in a termination agreement, it is often the starting point.

Subdistrict court compensation in the termination agreement

In a few cases, the (old) subdistrict court compensation is applicable in our advice on a settlement agreement, for example in a social plan in the event of a reorganization. The level of compensation depends however on the circumstances, like the covid 19 crisis. 

Our lawyer in Amsterdam can calculate and check the severance pay for you in his advice on a settlement agreement. A fair compensation also applies in the dismissal law, but only the judge can impose it and it does not apply in case of a dismissal agreement.

Transitional compensation as compensation in the event of dismissal mandatory in a termination agreement?

Granting compensation is not mandatory when concluding a termination agreement. After all, a determination agreement or termination agreement is a contract to which the freedom of contract applies. It is the termination of the employment agreement by mutual consent by means of a termination agreement, in which the parties are allowed to arrange all kinds of things.

Negotiating severance pay

Usually, a dismissal contract does provide for compensation, because the employer who files proceedings at the UWV or the subdistrict court to have the employment contract terminated, also has to pay severance pay (in most cases). Because of the costs and duration of a procedure, a termination agreement is then more advantageous. Our dismissal lawyer in Amsterdam, for example, can negotiate a (higher) severance payment in the context of advice on a settlement agreement.

Termination agreement and illness

A sick employee may not simply agree to a settlement or termination agreement during incapacity for work. If he voluntarily signs for dismissal, the UWV will refuse benefit, unless the work disability lasts longer than two years. We advise to wait until the waiting period of the UWV has expired. After 2 years of illness (104 weeks) this is possible, unless the UWV imposes a wage sanction on the employer.

Advice on a settlement agreement and temporary contract

A temporary contract without a notice clause, can cause a problem for the WW benefit.

The lawyer’s costs (legal aid costs) for advice on a settlement agreement and checking a settlement agreement are almost always reimbursed by the employer.

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Our attorney at law in Amsterdam specializes in legal advice on termination agreements, including the transition fee. For (free) legal advice on your settlement agreement or checking your termination agreement, please contact our experienced employment and dismissal lawyer in Amsterdam mr. P.Chr. Snijders: (+31)020-5221999.

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