When you receive a settlement agreement (VSO), the pressure to sign quickly can be high. Employers often make it seem as if there is urgency or as if the offer is only temporary. Even so, the law always gives you as an employee an important protection: the 14-day cooling-off period.
In this article, we explain what that cooling-off period entails, how you can make use of it, and why this is so important for your rights.
What does the 14-day cooling-off period entail?
The law provides that any employee who signs a VSO may revoke their decision within 14 days without giving any reason. This is called the statutory cooling-off period.
Important to know:
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You do not have to provide a reason for revocation.
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The cooling-off period starts from the day you signed.
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You must communicate the revocation in writing to your employer.
Why does the cooling-off period exist?
The cooling-off period is intended to protect employees from hasty decisions. Many people feel pressured or sign out of uncertainty, while they actually need more time to understand the consequences or to seek legal advice.
How do you use the cooling-off period?
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Sign your VSO but have second thoughts afterward? Then you can rescind within 14 days.
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Send a written statement (by e-mail or registered letter) to your employer stating that you revoke the agreement.
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Keep a proof of sending.
👉 Example: An employee signed a settlement agreement but discovered the next day that the compensation was € 2.000 too low. He rescinded the agreement within the cooling-off period. After that, with the help of a lawyer, he was able to renegotiate for a better deal.
Second chance: 21-day cooling-off period
If the employer does not state that a cooling-off period applies, the period is extended to 21 days. This gives you as an employee even more protection.
Real-life examples
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Example 1: An employee signed under pressure and regretted it. Within 14 days, he withdrew his signature and then received a better arrangement.
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Example 2: A VSO did not mention the cooling-off period. As a result, the employee was still able to declare the agreement invalid after 20 days.
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Example 3: An employee thought he could terminate orally. The UWV did not accept this, because there was no written evidence available.
Checklist: 14-day cooling-off period
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📅 Note the date you signed.
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✍️ Send a written revocation within 14 days if you change your mind.
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📝 Check whether the VSO mentions the cooling-off period.
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⏳ If not? Then you have a 21-day cooling-off period.
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⚖️ Consult a lawyer before your new negotiation.
Common mistakes
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Thinking that a verbal revocation is enough → this must be in writing.
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Forgetting that the period starts running from the date of signing.
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Assuming that the cooling-off period does not apply → this is always mandated by law.
Frequently asked questions (FAQ)
1. Do I always have the right to a 14-day cooling-off period?
Yes, this is legally regulated for every employee who signs a settlement agreement (VSO).
2. Do I have to give a reason to cancel the agreement?
No, you may change your mind without explanation.
3. What if my employer does not mention the cooling-off period?
Then a 21-day cooling-off period applies.
4. Can I still get out of my signature after the cooling-off period?
Only in exceptional cases, for example in cases of coercion or deception.
5. Will I have problems with my unemployment benefits (WW) if I make use of the cooling-off period?
No, your employment contract simply continues and you retain your rights.
Why Arslan Advocaten?
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Helping employees who regret their VSO
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Guidance with withdrawal and renewed negotiations
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Checking whether the VSO correctly states the cooling-off period
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Ensuring a better arrangement without risk to your unemployment benefits
Conclusion
The 14-day cooling-off period gives you the chance to reverse a hasty decision. Use this period wisely, especially if you have doubts about the terms of your VSO. With the right legal guidance, you can often still negotiate a better arrangement.
Frequently Asked Questions
What is the purpose of the 14-day cooling-off period in settlement agreements?
The cooling-off period is designed to protect employees from making hasty decisions by allowing them to revoke their agreement within 14 days without providing a reason. It ensures employees have enough time to understand the implications or seek legal advice before finalizing the settlement.
How can I revoke a settlement agreement within the cooling-off period?
You must send a written statement, such as an email or registered letter, to your employer stating that you revoke the agreement within 14 days of signing. Make sure to keep proof of sending to confirm your revocation.
What happens if my employer does not mention a cooling-off period in the settlement agreement?
If the cooling-off period is not specified, the period extends to 21 days, giving you even more time to reconsider and revoke the agreement if you change your mind.
Can I revoke my settlement agreement verbally?
No, revocation must be in writing. A verbal revocation is not sufficient; you need to send a written statement within the applicable cooling-off period.