Settlement agreement (vaststellingsovereenkomst): what to check before you sign

Written by Onur Arslan, attorney at Arslan Advocaten. Registered in the legal practice areas register of the Netherlands Bar for employment law and personal injury. Last updated: 1 September 2026.

Did you receive a proposal today? Do not sign it today. Have it read first — that costs you a day, not a single right. Call +31 70 450 0300 or request a review.

What is a vaststellingsovereenkomst (settlement agreement)?

A vaststellingsovereenkomst is a written agreement in which you and your employer end your employment by mutual consent (met wederzijds goedvinden), without any involvement of the UWV or the subdistrict court. In practice it is also called a beëindigingsovereenkomst (termination agreement), or simply a VSO. Legally these are the same thing. It is a contract, not a decision: nothing is in it that you have not accepted yourself.

That is the single most important thing to understand, and the thing expats most often get wrong. Your employer has no power to impose a settlement agreement on you. He makes an offer. As long as you have not signed, your employment contract simply continues, with everything attached to it: salary, accrual of holiday days and pension, and the dismissal protection Dutch law gives you.

So why do Dutch employers use this route so heavily? Because the alternative routes are slow and uncertain for them. Dutch law does not allow an employer to dismiss you at will: he needs a statutory ground and, as a rule, prior permission. Article 7:669 paragraph 3 of the Dutch Civil Code (Burgerlijk Wetboek, BW) lists the reasonable grounds, lettered a to i. Grounds a and b — the loss of jobs for business-economic reasons, and long-term incapacity for work — run through the UWV, the Dutch employee insurance agency (article 7:671a BW). Grounds c to i — poor performance, a damaged working relationship, culpable conduct and the rest — run through the kantonrechter, the subdistrict court (article 7:671b BW). Both routes require a documented file that very often does not exist. With a settlement agreement your employer buys off that uncertainty — he is not doing you a favour, he is avoiding a procedure he might lose. That is your negotiating room.

What the agreement legally covers:

Component	Dutch term you will see	What is recorded
The termination itself	beëindiging	that the employment ends, and on what date
The ground	grond / considerans	why, and on whose initiative
The payment	beëindigingsvergoeding	whether a severance payment is made, and how much
The final settlement	eindafrekening	holiday days, holiday allowance, bonus, thirteenth month
The clauses	bedingen	what happens to non-compete, non-solicitation and confidentiality clauses
Company property	bedrijfseigendommen	return of laptop, phone, car, access passes
Final discharge	finale kwijting	that after performance the parties have no further claims on each other

Every one of those components is negotiable. The fact that the proposal looks final — with a signature line and a deadline — changes nothing about that.

Do I have to sign a settlement agreement?

No. You are never obliged to sign, and refusing a proposal is not in itself a reason for summary dismissal or for withholding your salary. A settlement agreement only comes into existence if both parties agree. If you do not agree, your employment contract remains in force until it ends in another way that the law permits.

It rarely feels that way. Proposals are usually delivered in a conversation where the tone has already been set: the relationship is "damaged", your performance is "not where it should be", or there is "unfortunately no longer a position", with a deadline of a few days attached. That pressure says nothing about your legal position.

What you can do in that conversation:

• Commit to nothing substantive. "I will take this away and have it reviewed legally" is a complete answer. You do not have to have an opinion on the spot.
• Do not agree verbally. Under article 7:670b paragraph 1 BW, an agreement terminating an employment contract is only valid if it has been concluded in writing. A verbal "yes" therefore does not, in principle, produce a valid settlement agreement. That is not a licence to say yes, though: a verbal commitment colours the file and weakens your negotiating position. Keep it at "I will have it reviewed".
• Ask for everything in writing. The proposal, the reason, and the deadline.
• Ask for time. A reasonable period to obtain advice is customary and is rarely refused.

A word specifically for expats: the fact that the document is in Dutch, or that you were given an English "summary" of a Dutch original, does not make it less binding. If there are two versions, ask which one prevails — and have the Dutch one read, because that is the text the UWV will read.

What happens if I do not sign?

Then your employer has to take the regular route: a dismissal application to the UWV or a dissolution request to the subdistrict court, where he must demonstrate a valid statutory ground. Without a properly documented file, that route is risky, slow and expensive for him — and that is exactly where your negotiating room sits.

Refusing and signing are not the only two outcomes; most cases end in an amended proposal. A counter-proposal is not a rejection, it is the normal next step.

Scenario after refusal	What in principle happens	What it means for you
Employer comes back with a better proposal	the most common course	you negotiate on from a stronger position
Employer starts a UWV procedure	only possible for business-economic dismissal or long-term incapacity	you can file a defence; the test is preventive
Employer starts a dissolution procedure	the court tests the ground put forward	if granted, in principle entitlement to a transition payment, possibly more: under article 7:671b paragraph 9 under c BW the court may award a fair compensation (billijke vergoeding) if the dissolution is the result of seriously culpable acts or omissions by the employer
Employer does nothing	more common than people expect	your employment continues; the relationship may stay tense
Employer starts applying pressure	release from duties, change of role, stopping pay	have that assessed immediately — not everything that happens is allowed

Be realistic: refusing is not free of consequence. It can mean a longer procedure, a strained working relationship and months of uncertainty. So the answer to "should I refuse?" depends not on the law alone, but on your file, your financial position and what you want to achieve.

How long is the reflection period after I have signed?

In principle two weeks. Within that period you can withdraw your signature in writing, without giving any reason. If the agreement does not mention the reflection period, the term is in principle three weeks. This right is statutory and your employer cannot contract it away — a clause in which you waive the reflection period (bedenktijd) is expressly null and void.

The statute: the employee may dissolve the agreement without stating reasons within fourteen days of the date on which it was concluded, by a written statement addressed to the employer (article 7:670b paragraph 2 BW). If the employer does not mention that right in the agreement itself, the period is three weeks (paragraph 3). Any clause excluding or limiting the right is null and void (paragraph 6).

Source: article 7:670b BW, wetten.overheid.nl.

When does the period start? At "the date on which the agreement was concluded" — the moment of signing, not the end date of your employment, and not the moment you received the proposal. If the text is amended after your signature and signed again, which date counts is a question to have assessed rather than assumed.

Does it have to be stated in the agreement? Yes. If the employer fails to state it, the sanction is not invalidity but an extension of your period — one of the few places where a careless employer buys you time, so always check that clause. Dutch courts apply this straightforwardly: in a judgment of the North Holland District Court the court established that the employer had not informed the employee in writing of the fourteen-day period, and concluded that the employee therefore had three weeks of reflection time under article 7:670b paragraph 3 BW (ECLI:NL:RBNHO:2024:3576).

How do I withdraw? In writing, and provably: an email with a read receipt, or a registered letter, addressed to your employer rather than only to an intermediary. You do not have to give a reason or ask permission. Simply state that you dissolve the settlement agreement of [date] invoking your statutory reflection period.

What the reflection period is not:

• It is not a licence to sign unread. After withdrawal you are back where you started — the original proposal is off the table, and your employer may make a less favourable one or start a procedure.
• It is not unlimited. If you conclude a new termination agreement within six months of an earlier dissolution or withdrawal, the reflection period does not apply to that second agreement (article 7:670b paragraph 4 BW).
• It does not apply to everyone: not to the statutory director (bestuurder) of a legal entity where restoration of the employment contract under Book 2 BW is impossible, nor to the director of a comparable foreign legal entity (article 7:670b paragraph 5 BW).

Already signed and having doubts? Act the same day. The period is short, it runs through weekends, and it cannot be extended by talking about it.

Will I keep my unemployment benefit (WW) after a settlement agreement?

In principle yes, provided the agreement is drafted neutrally: the employer took the initiative, no urgent cause or culpable conduct on your part is stated as the ground, and the notice period is correctly reflected in the end date. If one of those elements is missing, the UWV may decide that you became culpably unemployed (verwijtbaar werkloos) and refuse the benefit. A settlement agreement therefore never guarantees anything — the text decides the outcome.

The UWV assesses this independently. Your employer saying "it is all properly arranged" is not decisive; the UWV reads the agreement itself.

The three formulations everything turns on:

Point	What the agreement should say	What goes wrong if it is missing
Initiative	that the initiative for the termination came from the employer	it can look as though you resigned — which is in principle culpable unemployment
Neutral ground	a neutral reason, for example a difference of insight (verschil van inzicht) or business-economic circumstances; expressly no urgent cause and no culpable conduct on your part	an urgent cause in the text is the most direct route to a refusal
Notice period	that the notice period applicable to the employer has been observed, with an end date that fits it	the benefit starts later (see the next section)

Where it goes wrong in practice: a recital (considerans) saying the parties are terminating "at the employee's request" while the covering email says the employer proposed it — a text contradicting itself is a classic. A reason stated too specifically: an employer who wants his version on record, "on account of repeated underperformance despite warnings", is helping you out of your benefit, and for the termination itself that sentence adds nothing. A reference to an incident, which even without the words "urgent cause" can be read as culpable conduct. A release from duties described as a suspension. And an end date before the end of the notice period without that being accounted for.

For illustration. An administrative employee receives a proposal by email after a conversation about workload. In the covering email the employer writes that he is taking the initiative, but the recitals of the agreement itself say that the parties are terminating "at the employee's request". For the termination that sentence makes no difference; for the UWV it does, because the UWV reads the agreement and not the email. The question is then not who really proposed it, but what the text says — and whether that text contradicts itself. This is an illustrative situation explaining the rule, not a case of our firm.

What the UWV also tests, separately from the agreement: you worked at least 26 weeks in the 36 weeks before becoming unemployed (the wekeneis), you worked on average at least 10 hours a week and lose 5 or more of them, and you are immediately available for paid work. A perfect settlement agreement does not help you if you fail those, or if you file late.

Watch the application deadline — it is shorter than people think. You can apply for WW from one week before your first day of unemployment, and at the latest until one week after it. If you have already been unemployed for more than a week when you apply, the UWV indicates you will probably receive a lower benefit temporarily, or none. So apply around the end date; do not wait until the final settlement has been paid out.

One point that specifically affects expats: WW in principle requires that you are insured in the Netherlands and available for the Dutch labour market. If you are considering leaving the country after the end date, or if your right of residence is tied to your employment, check that before you agree an end date.

Source: UWV, "Wanneer heeft u recht op WW?" and "WW-uitkering aanvragen".

When exactly does my WW benefit start?

Not automatically on the end date in the agreement: the UWV calculates using the fictitious notice period (fictieve opzegtermijn) — the period your employer would have had to observe on an ordinary notice of termination. If the agreed end date falls before that, the start date of your WW shifts. In that intervening period you receive no salary and no benefit.

This is the most expensive detail in the entire agreement, and the least visible. An end date that is "nice and quick" sounds attractive if you were planning to leave anyway, but it can cost you one or two months of income.

How the notice period works. It increases with the length of your employment. Article 7:672 paragraph 2 BW sets out four steps, measured on the day notice is given:

Length of employment on the day of notice	Employer's notice period
less than five years	one month
five years or more, but less than ten years	two months
ten years or more, but less than fifteen years	three months
fifteen years or more	four months

Two further rules matter. The period may only be shortened by collective labour agreement (cao); extending it in writing is permitted (article 7:672 paragraph 7 BW). So your cao or contract may prescribe a longer period — check both, because a Dutch cao may apply to you without anyone having mentioned it. And notice is in principle given against the end of the month unless another day has been designated in writing or by custom (paragraph 1), which can push the end date out further.

Source: article 7:672 BW, wetten.overheid.nl.

Your choice	Effect on your income
End date respects the full notice period	salary until the end date, then in principle WW immediately after
Earlier end date, no compensation	an income gap the size of the missing part
Earlier end date, with a higher payment as compensation	negotiable; calculate whether the compensation really covers the gap
Later end date than necessary	longer salary and longer accrual, but the WW also starts later — sometimes that is exactly what you want

For illustration. A warehouse employee has been with the company for just over six years and receives a proposal at the start of the month naming the end of that same month as the end date. He would rather leave than stay, and the quick date suits him. For his employer, however, a notice period of two months applies, and the UWV uses that fictitious notice period when setting the start date of the benefit. The end date in the agreement is therefore not the date on which his benefit begins. The question that has to be answered before signing is which period falls between those two dates — and whether there is salary or benefit to cover it. This is an illustrative situation explaining the rule, not a case of our firm.

Practical rule: negotiate the end date first, the amount second. An extra month of employment is often worth more, net, than an extra month of severance, because pension accrual, holiday allowance and running insurances hang on it.

Can I sign a settlement agreement while I am ill?

You may, but this is the most dangerous situation in which to sign a Dutch settlement agreement. Someone who agrees to termination while unfit for work risks losing both the continued payment of wages and the safety net underneath it: the UWV may refuse a Ziektewet (Sickness Benefits Act) payment because you consented voluntarily, and WW is not a given because you are not available for work. In the worst case you are left with neither.

This goes wrong so often because the usual reassurances do not work here. A neutral ground and a correctly reflected notice period — the two things everyone checks — change nothing about the problem illness creates.

What is different when you are ill:

Element	What can happen
Continued payment of wages	article 7:629 paragraph 1 BW gives, in principle, 104 weeks of entitlement to 70% of wages (at least the minimum wage during the first 52 weeks); that right is tied to the employment and stops on the end date
Ziektewet (sickness benefit)	the UWV may refuse a payment where you consented to termination while unfit for work
WW	in principle requires availability for work; when you are ill that is not automatically satisfied
WIA (long-term incapacity benefit)	whether and how a later application is affected depends on your situation and on how your period of illness develops; have this assessed before you sign
Prohibition on notice (opzegverbod)	your employer may in principle not give notice while your incapacity has lasted less than two years (article 7:670 paragraph 1 BW); by consenting, you give that protection up
Wage sanction (loonsanctie)	a running or looming dispute about reintegration does not disappear with your signature

The prohibition on notice is the heart of it. Dutch law protects sick employees by forbidding the employer to terminate — but that protection only holds as long as you do not give it away yourself, and consenting to a settlement agreement is precisely giving it away. The employer does not need the prohibition lifted if you sign it away for him.

When can it still be sensible? That has no standard answer. It depends on the nature and expected duration of the incapacity, how far the two-year period has run, how reintegration is going, whether recovery is in sight, and what is being offered financially. There are situations in which a well-constructed arrangement is defensible — where the incapacity has all but ended, or where a substantial payment covers the risk. But that is the exception, and it requires that wages, Ziektewet, WW and WIA are each assessed separately before anything is signed.

Also relevant if you report sick after receiving the proposal. Whether you are unfit for work on the end date is a question of fact; it does not disappear because the agreement was concluded earlier. Always pass a sickness notification on to your adviser.

For illustration. An employee is halfway through a long period of sick leave when her employer proposes a settlement agreement, with a neutral ground, the correct notice period and a payment. She checks the two things she has read about — the ground and the end date — and both look right. What she does not check is that her right to continued payment of wages during illness runs with the employment contract and so ends on the end date, and that the prohibition on notice protecting her is being waived by her own signature. The question to answer before she signs is not whether the wording is neutral, but what income she has from the day after the end date, under which scheme, and who has confirmed it. This is an illustrative situation explaining the rule, not a case of our firm.

Source: articles 7:629 and 7:670 BW, wetten.overheid.nl; Rijksoverheid and UWV, on dismissal during illness and its effect on benefits.

What happens after two years of illness?

Once incapacity for work has lasted the statutory period, the picture changes: the prohibition on notice no longer stands in the way, and your employer can apply to the UWV for permission to dismiss you on the b-ground of article 7:669 paragraph 3 BW — long-term incapacity for work. From that point the question is not whether the employment can end, but on what terms.

Three things are worth knowing, because they are frequently misrepresented in the proposal itself.

First, the two-year period is about the employer's obligation, not about your recovery. During those years he owes continued payment of wages under article 7:629 BW and both of you carry reintegration obligations. If the UWV finds the employer has done too little on reintegration, it can impose a wage sanction extending that obligation. An employer facing that prospect has a reason to propose a settlement — information you want before you negotiate.

Second, an employment relationship kept alive but empty — no work, no salary, no termination — is known as a slapend dienstverband, a dormant employment contract. It exists because ending it costs the employer a transition payment. A statutory compensation scheme through which the UWV compensates employers for that payment after long-term incapacity has removed much of the reason to keep contracts dormant.

Third, ending it by settlement agreement while incapacity is still running is a different thing entirely from ending it after the statutory period has passed. If a proposal reaches you during your illness with an end date before the two years are up, that is not a variation on the theme — it is the risky situation described in the previous section.

Am I entitled to a transition payment in a settlement agreement?

Strictly speaking no: the statutory right to a transition payment (transitievergoeding) attaches to termination by notice or by dissolution, not to termination by mutual consent. In practice it nonetheless functions as the floor of any serious proposal, because what your employer is buying with the settlement agreement is precisely the procedure — and the payment — he would otherwise face. A proposal below that figure is generally not market-conform.

So always calculate what the transition payment would have been on a regular termination, even though you have no formal claim to it. That number is your anchor. The rule is in article 7:673 paragraph 2 BW: one third of a monthly salary for each year the employment contract has lasted, plus a proportionate part for a period shorter than a year. The same paragraph caps the payment at a maximum of € 102,000.00, or, if that is higher, the wages over twelve months.

*That maximum is adjusted on 1 January each year in line with contractual wage developments (article 7:673 paragraph 3 BW), and the amended figure applies to employment ending on or after the date of the change. The figure above is the one in force in the statutory text as at 1 September 2026 — check it again after each turn of the year, and see our page on the transition payment.*

Source: article 7:673 paragraphs 2 and 3 BW, wetten.overheid.nl (version in force from 1 July 2026).

What influences the amount in practice:

Factor	How it works
The strength of the employer's file	without a documented file the procedure is risky for him — that is your room
Years of service, age, position on the labour market	longer and harder-to-replace employment negotiates more heavily
Urgency on the employer's side	a reorganisation with a deadline, or a takeover, gives you leverage
Cost of the alternative	a procedure costs the employer time, money and delay
Culpability on the employer's side	where the employer acted in a seriously culpable way, a court may award more than the transition payment; that shadow works through into the negotiation
A social plan or cao	always compare with what colleagues are receiving

Note that the calculation should be based on your full remuneration, not the bare monthly salary. Holiday allowance and a fixed year-end payment count, and so do the agreed fixed wage components over the last twelve months and the variable components over the three calendar years before that. As fixed components, only overtime payments and shift allowances are designated; as variable components, bonuses, profit distributions and year-end payments.

Source: Besluit loonbegrip vergoeding aanzegtermijn en transitievergoeding, article 3; Regeling looncomponenten en arbeidsduur, articles 4 and 5.

Tax. A severance payment is taxed: your employer withholds wage tax at the special rate (bijzonder tarief) and the payment counts towards your income in the year you receive it. The gross figure in the agreement is therefore not what lands in your account, and it can affect Dutch allowances (toeslagen) in the current year. Moving the payment date into the next calendar year is negotiable and is sometimes advantageous. Discuss that before signing.

Source: Belastingdienst, "Moet ik belasting betalen over een ontslagvergoeding?".

Source: Belastingdienst, "Moet ik belasting betalen over een ontslagvergoeding?".

What can I negotiate besides money?

Almost everything in the agreement, and a number of things that are not in it yet. Anyone who negotiates only about the amount leaves half of it on the table: the non-financial points often cost the employer little and are worth more to you than an extra month's salary.

Point	Why it matters	What you concretely ask for
Later end date	longer salary, longer accrual, and the fictitious notice period is covered	an end date that respects the full notice period
Garden leave on full pay (vrijstelling van werk)	room to apply for jobs without using holiday days	release from a stated date, retaining all emoluments
Holiday days	paid out or taken — not both, and not silently set off	explicit payment of the balance, with the number of days named
Written reference (getuigschrift)	you are in principle entitled to one; the tone is negotiable	the text as an annex to the agreement, not "to be drawn up later"
Spoken reference	a written reference is rarely read, a phone call is	a named contact person and an agreed line
Outplacement or training budget	often out of a different budget than the severance, so easier to grant	a concrete amount or a named programme
Study costs	repayment clauses (studiekostenbeding) are routinely forgotten at termination	express waiver of any outstanding study costs
Laptop, phone, car	transfer at residual value or for free	name the device, the date and the condition
Non-compete and non-solicitation	see the next section	expressly lapse, not "limited"
Bonus, commission, year-end payment	pro rata over the current year	the amount or the calculation method written out
Legal costs contribution	see below	a concrete amount, paid directly to your lawyer
Confidentiality about the arrangement	often can be made mutual	the same obligation for the employer
Final discharge (finale kwijting)	its scope is negotiable	carve out anything not yet paid
Relocation and repatriation items	for expats: school fees, housing allowance, return flights, the 30% ruling	name them explicitly; they are almost never in the standard template

Two principles that pay off most here. First: negotiate the package, not the number. An employer who "cannot give a euro more" because head office approved the figure can often grant an outplacement programme, three extra months of employment and the lapse of a non-compete clause — those come from different budgets. Second: let someone else conduct the conversation. Not because you cannot, but because your relationship with your employer continues and your representative's does not. That makes firm positions possible without your paying for them in atmosphere.

What happens to my non-compete and non-solicitation clause?

Without an express provision, a non-compete clause (concurrentiebeding), a non-solicitation clause (relatiebeding) and a confidentiality clause in principle simply continue to apply after the employment ends. This is the most underestimated provision in the whole agreement: people sign for a payment and discover months later that they may not practise their profession in their own region.

So make sure the text says the clauses lapse — not that they are "limited", and not that the employer "will not invoke" them. An undertaking not to invoke a clause is weaker than making it lapse: after a takeover or a change of management you do not want to depend on a successor's goodwill.

Clause	What it does	What to watch
Non-compete	prohibits working for a competitor or as a self-employed person in the same market	duration, geographical scope and the definition of "competitor"; preferably let it lapse entirely
Non-solicitation	prohibits contact with the employer's clients or relations	often drafted more broadly than people realise — being approached passively sometimes counts too
Confidentiality	prohibits sharing company information	usually stays, and reasonably so; check it is not so broad that you cannot describe your own experience
Ancillary activities	applies until the end date	relevant if you want to start elsewhere during garden leave
Penalty clause (boetebeding)	attaches an amount to a breach	a lapsed clause with a surviving penalty clause is half a result

A verbal assurance that the employer "will certainly not make an issue of it" is worth nothing once management has changed. If it is not in the text, it does not exist.

What if the employer refuses to let it lapse? There is a middle way: limit the duration, limit the territory, or exclude named employers from the prohibition. Also record that the employer will respond in writing, within a short period, to a request for release in respect of a specific job.

Separately, a non-compete clause is not untouchable. Under article 7:653 BW it is only valid if agreed in writing with an adult employee and the employment contract is for an indefinite period; in a fixed-term contract it is only permitted with a written motivation showing it is necessary on account of compelling business interests (zwaarwegende bedrijfsbelangen). The court may set the clause aside wholly or partly if it unfairly prejudices you when weighed against the employer's interest, and if the employment ends as a result of seriously culpable acts of the employer he can derive no rights from it at all. That, however, is a procedure after the fact; arranging it in the settlement agreement is considerably cheaper.

Source: article 7:653 BW, wetten.overheid.nl.

What must be in the agreement?

These points belong expressly in the text; what is not in it cannot be enforced later. Work through the list point by point against the proposal you have received.

1. That the initiative for the termination lies with the employer.
2. A neutral ground for termination, with no urgent cause and no culpable conduct on your part.
3. An end date that respects the notice period applicable to the employer.
4. The reflection period, expressly stated, with the correct term.
5. The severance payment: the gross amount, when it is paid, and how.
6. The final settlement: holiday days (number and amount), holiday allowance, pro rata bonus, thirteenth month, expenses.
7. Garden leave from a named date, retaining salary and emoluments.
8. That the non-compete and non-solicitation clauses lapse, including the associated penalty clause.
9. A written reference, preferably with the text as an annex, and arrangements about spoken references.
10. Arrangements about company property: what you hand in, when, and what you may keep.
11. Treatment of study-cost or repayment clauses.
12. Any outplacement or training budget, concretely named.
13. A contribution to your legal costs, preferably payable directly to your lawyer.
14. Arrangements about pension and about running insurances tied to the employment.
15. A final discharge that only takes effect after full performance.

And what must not be in it

1. No urgent cause and no description that can be read as culpable conduct.
2. No "at the employee's request" or any other wording putting the initiative with you.
3. No waiver of the reflection period — that clause does not belong there and in principle has no effect.
4. No admission of underperformance, warnings or earlier improvement plans; they add nothing to the termination.
5. No unlimited final discharge covering items not yet paid or claims not yet known.
6. No one-sided confidentiality clause about the arrangement.
7. No penalty clause on vague obligations such as "not speaking negatively".
8. No end date in the past, or one that does not line up with the notice period.
9. No set-off of the payment against outstanding claims unless those are specified.
10. No reference to illness or incapacity as the reason, without the benefit consequences having been assessed.

Can my employer withdraw the offer?

Until you have accepted it, a proposal is in principle an offer, and under Dutch general contract law an offer can as a rule be revoked as long as it has not been accepted — unless it states a period for acceptance, or is otherwise irrevocable. In everyday terms: a proposal on your desk is not a right you hold, and an employer who becomes annoyed by delay can in principle take it off the table.

That is the honest answer, and it cuts both ways.

• If the proposal names a deadline for acceptance, that supports the position that the offer stands until then. A reason to ask for the deadline in writing rather than to fear it.
• If you make a counter-proposal, you are as a rule no longer accepting the original offer; legally that is a new offer of your own. Negotiating is entirely normal and employers expect it — but "the original offer is still valid, isn't it?" is not something to rely on without checking.
• If you withdraw within the reflection period, the original proposal is off the table as well.

In practice, an employer who has come this far rarely walks away, because his alternative is the UWV or the court. The risk is real but usually small. It becomes a genuine consideration when the employer's own timing is not urgent, or when a spoken deadline is being used as pressure. Have that judged case by case rather than assumed in either direction.

What does it cost to have a lawyer check it?

With us, a first review of your settlement agreement costs nothing. Beyond that, it is common practice in the Netherlands for the employer to contribute to the employee's legal costs, in whole or in part, by including a budget in the agreement — but that is a matter of practice and negotiation, not a legal right, and it is never automatic. Employers include such a budget because it speeds up the process: an employee who has been properly advised signs sooner and does not come back later.

We describe this as customary practice, not as an entitlement. We cannot verify how frequently it happens across the Dutch market, and we do not claim a percentage. If no contribution is offered, ask for one — the question is normal and rarely taken badly.

Route	How it works	What to watch
Cost contribution in the agreement	the employer includes an amount for your legal assistance	have it paid directly to your lawyer, and state whether the amount includes or excludes VAT
Legal expenses insurance (rechtsbijstandverzekering)	your policy covers employment disputes	check the waiting period and whether the dispute already existed when you took the policy out; ask how your policy handles your choice of your own lawyer
Trade union	members often get assistance	turnaround can be longer than your reflection period
Subsidised legal aid (toevoeging)	through the Raad voor Rechtsbijstand, with a personal contribution	income and asset limits apply; the current figures are published by the Raad voor Rechtsbijstand
Fixed fee for a review	a defined amount for reading, advising and amending	ask in advance what is and is not included
Hourly rate	for negotiation or a procedure	ask for an estimate up front and for interim updates

What it delivers is almost always more than what it costs — not because a lawyer negotiates harder, but because the difference sits in details that do not stand out: an end date that shifts by a month, a clause that lapses, a sentence about the reason that comes out. And ask for the budget explicitly: "will you cover the cost of legal review?" is a normal question in response to a termination proposal.

Which mistakes are made most often?

Most of the damage is not caused by poor negotiation, but by speed: signing before anyone who knows the field has read the text. The recurring ones: signing in the meeting itself; looking only at the amount; not checking the end date against the cao, whose notice period may be longer than the statutory one; signing while ill without an assessment of the Ziektewet, WW and WIA position; leaving the reason as the employer wrote it; forgetting the non-compete clause survives; applying for WW too late; assuming the reflection period repairs everything; not making a counter-proposal at all; letting holiday days be counted twice, taken during garden leave and then not paid out; not calculating gross to net; and signing an English summary while a Dutch original governs.

About this advice

Arslan Advocaten handles employment cases from offices in The Hague, Rotterdam, Amsterdam, Utrecht, Tilburg and Eindhoven. We review your settlement agreement free of charge: you send us the proposal, and we tell you what is good and what is not, what it means for your benefit, and what there is still to be gained. Besides Dutch and English, we also speak Turkish and Polish.

Call 070 450 0300 or send us your question through the contact form. We will tell you where you stand and what the next step is.

*Read more, in Dutch: our main page on the vaststellingsovereenkomst and the transition payment.*

This page gives general information and is not legal advice about your own case.

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