Settlement agreements and dismissal in Amsterdam: our Dutch experienced attorney employment law in Amsterdam, the Netherlands, Paul Snijders, specializes in checking settlement agreements for expats. A Dutch settlement agreement, dismissal agreement or letter of dismissal, contains all the conditions for dismissal, such as:
- the end date and notice period,
- dismissal compensation fee,
- exemption from work,
- non-competition clause,
- legal costs,
- holidays,
- bonus,
- final discharge.
It often happens that an employee agrees to a settlement agreement for example after a reorganization (redundanc), dispute or a difference of opinion about the performance of the work.
A settlement agreement is in The Netherlands also possible after mediation.
Review your settlement agreement in Amsterdam: 00 31 20 522 1999
A free consultation is possible if you have a termination contract checked and assessed by our employment lawyer in Amsterdam.
In most cases your employer will offer a fee for legal consultation. Our Amsterdam lawyer always tries to cover fees by seeking payment from your employer rather than from you.
You do not have to live in Amsterdam or the Netherlands to review your termination contract.
Advice by telephone and e-mail 020-5221999
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.
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.
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. The agreement will ensure finality in the ending of the relationship and will avoid a future employment dispute in court. Therefore, termination of employment relationships by a termination agreement is required to be in written form to be valid.
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, the main condition is that the employee cannot be blamed for the dismissal when the Dutch UWV assesses the settlement agreement.
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
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.
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 Dutch settlement agreement
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.
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.
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.
Assessment of your settlement agreement by a lawyer in Amsterdam: experienced Dutch dismissal specialist
Has your employer offered you a settlement agreement or termination agreement? Our Amsterdam lawyer will advise you fully on all the implications of signing the settlement agreement.
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.
