When your employer wants to part with you, it can be done in different ways. Often you are offered a settlement agreement (VSO), but sometimes the employer opts for a dismissal procedure via the UWV. Both routes have important consequences for you as an employee.

In this article we explain the differences between dismissal via the UWV and dismissal with a VSO, discuss the advantages and disadvantages, and give practical tips.

Dismissal via the UWV

The UWV is authorized to test dismissal at:

• Business economic reasons (reorganization, cost saving).

• Long-term occupational disability (sick for more than 2 years).

How does it work?

• The employer submits a request to the UWV.

• The UWV assesses whether the reason is valid.

• If the request is granted, the contract is terminated.

Consequences for the employee

• You are entitled to the statutory transition payment.

• You retain your right to WW (provided you meet the conditions).

• There is no room to negotiate extras, except via a separate settlement.

Dismissal via a settlement agreement

A settlement agreement is a termination agreement in which employer and employee make mutual agreements.

How does it work?

• The employer proposes termination with a VSO.

• You can negotiate the terms.

• After agreement, both parties sign the agreement.

Consequences for the employee

• You retain your right to WW (provided the VSO is correctly drafted).

• You often have the right to the transition allowance.

• You can negotiate for more: extra compensation, exemption from work, training budget or scrapping of clauses.

Examples from practice

• Example 1: An employee received a VSO during a reorganization. By negotiating he got 3 extra monthly salaries on top of the transition payment. He would not have had this in a UWV procedure.

• Example 2: An employee who had been sick for more than 2 years was dismissed via the UWV. He only received the transition payment.

• Example 3: An employee in cost savings initially received a UWV dismissal. Through consultation, the employer switched to a VSO, giving the employee a better package.

Checklist: UWV or VSO?

• 📄 Reason for dismissal: business-economic or long-term illness → UWV.

• 💶 Do you want extra compensation or agreements? → VSO offers space.

• ⚖️ Do you want certainty and objective testing? → UWV.

• 📊 Do you want tailor-made solutions and better conditions? → VSO.

• 📝 Always get legal advice, both routes have risks.

Frequently Asked Questions (FAQ)

1. Do I get WW in case of dismissal via the UWV?
Yes, provided you are not dismissable.

2. Is a VSO always better than a UWV procedure?
Not always, but a VSO offers more room for negotiation and extras.

3. Do I have to sign if my employer offers a VSO?
No, it is voluntary. Refusal means that your employer may go to the UWV.

4. Do I also get a compensation at UWV?
Yes, you get the transition payment. Extras such as training budget or outplacement are rarely awarded.

5. Can I prevent a UWV procedure?
Yes, often by concluding a VSO with your employer.

Why Arslan Lawyers?

• Guide employees in both UWV procedures and VSOs

• Negotiate for higher compensations and better terms

• Check that your WW rights are secure

• Assist in making the right choice between UWV or VSO

Conclusion

A UWV-dismissal provides certainty and is suitable for business economic reasons or long-term illness, but offers little room for negotiation. On the other hand, a VSO gives flexibility and a chance for better conditions. Always get legal advice to make the best choice.