Do you have a settlement agreement (VSO) received from your employer, but are you not satisfied with the terms? Know that there is often more possible than you think. A VSO is a proposal, not a done deal.

In this article, we explain what you can negotiate, how to approach it smartly, what pitfalls there are, and how a lawyer can help you without immediately going to court.

Why negotiate your VSO?

A settlement agreement is intended to part ways by mutual agreement. Employers often make an initial proposal that is favorable to themselves. As an employee, it’s important to know your rights and options and improve them where necessary.

👉 Negotiating can yield you thousands of euros and better terms.

5 items you can negotiate

1. Severance payment

• Often only the statutory transition compensation is offered.

• Negotiate for a higher compensation, for example extra months of salary as compensation.
  Example: An employee initially received 3 months’ salary. After negotiations, he received 5 months’ salary as compensation.

2. End date & release from work

• Do you want to keep being paid longer? Negotiate a later end date.

• Ask for release from work, so that you can apply for jobs during the notice period.

3. Non-compete or non-solicitation clause

• Ask for removal or limitation of a non-compete clause.

• Does the clause remain (partly) in force? Negotiate for a compensation for the duration of the clause.

4. Reference letter & reputation

• Ensure the reason for termination is recorded neutrally, e.g., “reorganization” or “by mutual agreement”.

• Ask for a positive reference letter or reference.

• Agree on how your departure will be communicated internally and externally.

5. Other concessions

• Consider reimbursement of legal costs (customary).

• Outplacement support or training budget.

• Possibility to keep a company car, laptop, or phone.

Tips for a successful negotiation

• ✅ Prepare your arguments: consider your long tenure or that the termination isn’t your fault.

• ✅ Stay professional and calm: show that you are serious and not in a hurry.

• ✅ Be realistic: set achievable demands and aim for what is customary plus a little extra.

• ✅ Play the game smart: don’t give away your requests all at once and pick your moment for a counteroffer.

• ✅ Put everything in writing: verbal agreements don’t count.

What if the employer doesn’t want to negotiate?

• Keep the conversation going and ask why there is no room.

• Be firm but polite.

• Look for alternatives that cost the employer little but are of great value to you.

• Have a lawyer make a counteroffer: this often gives more weight to your request.

• Does the employer really refuse to budge? Get legal advice on whether accepting or refusing is better.

How does a lawyer help without going to court?

An employment lawyer can:

• Evaluate your legal position and assess what is achievable.

• Negotiate on your behalf and strongly support your arguments.

• Take emotions out of the conversation and keep everything professional.

• Often a higher severance pay or better terms settle without a lawsuit.

Examples from practice

• Example 1: An employee received a settlement agreement with only the statutory transition payment. Thanks to legal negotiations, he received compensation of 5 months’ salary plus a training budget.

• Example 2: An employee with a non-compete clause could not take a new job. With the help of a lawyer, the clause was partially lifted.

• Example 3: After 15 years of service, an employee obtained a neutral reason for termination in the settlement agreement and a positive reference, which helped him find new work quickly.

Checklist: negotiating a settlement agreement

• 📄 Read the settlement agreement carefully.

• 📊 Determine your minimum and ideal outcome.

• 📝 Negotiate compensation, end date, clauses, and extras.

• ⚖️ Have a lawyer check the settlement agreement before you sign.

• 🕑 Don’t forget: you always have a 14-day cooling-off period.

FAQ about negotiating a settlement agreement

1. Can I always negotiate a settlement agreement?
Yes, almost all terms are negotiable.

2. How much severance pay can I ask for?
At least the transition compensation, but often more is achievable depending on your situation.

3. Will I also receive help with job applications or training?
Yes, you can negotiate for outplacement or a training budget.

4. What if my employer refuses?
A lawyer can apply additional pressure. Sometimes a better offer will still come.

5. Do I have to pay the lawyer myself?
Usually a reimbursement for legal costs is included in the settlement agreement.

Why Arslan Advocaten?

• Years of experience with negotiating settlement agreements

• Achieving higher compensation and better terms

• Personal guidance without immediately litigating

• Transparent costs, often covered by the employer