A frequently asked question from employees who have received a settlement agreement (VSO) is: “Do I retain the right to unemployment benefit if I sign?” The answer is: yes, provided the agreement is drafted correctly. Unfortunately, things often go wrong, causing employees to (temporarily) lose their benefit.

In this article, we explain how to secure your unemployment benefit rights, which mistakes are often made, and how a lawyer makes sure you do not run into problems with the UWV.

How does unemployment benefit work with a settlement agreement?

The WW (Unemployment Insurance Act) provides a benefit if you become unemployed due to circumstances beyond your control. With a settlement agreement, it is important that the conditions The VSO must not state that the dismissal is your fault.Formulate the reason neutrally, for example:

“Termination by mutual agreement”

“Business-economic reasons”“Restructuring”

In addition, it is important that the initiative for the dismissal lies with the employer and not with you as the employee. If you take the initiative to leave yourself, you have no entitlement to unemployment benefits.

”

Correct notice period

The employer must observe the statutory notice period.

1. If the end date is too early, the UWV considers this “dismissal at the employee’s request” → no unemployment benefits.

   • Note: the notice period in the settlement agreement must be equal to the period that applies to a regular termination. Only then will the termination directly align with any unemployment benefit. If an incorrect or too short notice period is used, then can the

   • UWV

     • consider this an interruption. The result? Your unemployment benefit will start only one, two, or even three months after you have received your last salary. That can cause significant financial problems. Also keep in mind that the maximum statutory notice period is four months, unless your employment contract or collective agreement states otherwise.

     • Can the notice period differ due to agreements in the

     • employment contract

   • or collective labor agreement

2. ?

   • Yes, that is possible. Although the law generally provides a maximum notice period of four months, you can agree in your

   • employment contract

   •  or CLA (collective 
     

     labour agreement) agree on a different notice period. Does your contract or CLA for example, specify a longer (or shorter) notice period? Then that agreement applies—as long as it complies with the legal requirements.So always pay close attention to which notice period applies in your personal situation. That way you avoid unpleasant surprises when applying for your 

     unemployment-benefit.No urgent reasonIn case of summary dismissal or seriously culpable conduct, you do not receive unemployment benefits.Make sure the settlement agreement excludes this.Real-world examplesExample 1: An employee received a settlement agreement stating that the dismissal took place “due to underperformance”. The UWV ruled that this was culpable and denied unemployment benefits. After legal correction, he ultimately received a neutral reason and access to unemployment benefits.Example 2:

     An employee received an end date that was one month too early. As a result, he missed one month of unemployment benefits. With the help of a lawyer, this was adjusted.Example 3: A settlement agreement did not contain a clear reason. The UWV asked for an explanation and threatened to refuse the benefit. Thanks to a properly worded supplementary statement, the problem was resolved.

3. Checklist: Secure unemployment benefits with a VSO

   • 📄 Ensure a

   • neutral reason for dismissal

(never “culpable behavior”).

• 📅 Check whether the statutory notice period

• has been correctly applied.📝 Check that there are no errors or ambiguities in the text.

• ⚖️ Always have the VSO reviewed by a lawyer.🕑 Don’t forget your

14-day cooling-off period

• not.Note: this is how to avoid problems with your unemployment benefitIt may seem obvious, but in the settlement agreement (

• VSO) it must be really clear that the termination is at the employer’s initiative and that there is no misconduct. If this is not clear enough in the VSO

• ? Then the 

• UWV 

• can deny your unemployment benefit and you will be left without income.The notice period is crucial as well. It must be the same period as for a regular termination: only then will your unemployment benefit start immediately after your last working day. Is the period too short or incorrect? Then your benefit may not start until one, two, or even three months later. That often causes serious problems.Practical tip:

 The maximum statutory notice period is four months, but always check whether your contract or collective labor agreement contains different arrangements. Deviations are only allowed if they are properly laid down in the contract.With this checklist and explanation, you can avoid nasty surprises and be sure that your rights are properly arranged.When can you have your VSO checked for free?Want to have a settlement agreement checked for free? That’s possible in surprisingly many situations. For example, when you:Are about to sign a VSO but have doubts about the terms.Are worried whether you will be entitled to unemployment benefits.Would like someone with legal expertise to take a quick look so you don’t regret it afterward.Notice that there are unclear or vague provisions in the agreement.You can often use a free review if your employer agrees that the costs will be charged to them – many employers reserve a budget for this in the VSO itself. Trade unions such as FNV or CNV

, and some legal assistance providers such as 

DAS

•  or 
• ARAG
• , offer free reviews for their members.
• In short: as soon as you receive the VSO for signature and have questions or concerns, it’s wise to seek legal advice. This way you avoid surprises and can be sure that your rights are properly safeguarded.

Frequently Asked Questions (FAQ)1. Will I receive unemployment benefits after signing a VSO?Yes, provided the agreement is correctly drafted and the reason for dismissal is neutral.2. What if my employer lists “underperformance” as the reason?Then you risk the UWV denying your unemployment benefits. Always get this changed.3. How long does it take before I receive unemployment benefits?After the notice period ends, you can apply for unemployment benefits. This is done digitally with the UWV.Note: it is important that your settlement agreement (vso) is properly drafted to obtain immediate entitlement to unemployment benefits. The reason for dismissal must be phrased neutrally—so not attributable to you as the employee—and the initiative for the dismissal must clearly lie with the employer. If this is not clearly stated in your vso, then the UWV can deny your benefit and you could suddenly be left without income.

In addition, the correct notice period is crucial. The notice period in the settlement agreement must match the period that normally applies in the event of dismissal. If it is too short or too long, your unemployment benefits may start later—sometimes only months after your last salary has been paid. You naturally want to avoid such a period without income.

In short: carefully check whether the settlement agreement is correct and whether the correct notice period has been observed. This way you avoid unpleasant surprises and can apply for unemployment benefits immediately after the notice period ends.
4. Do I have to be available for work during the notice period?

Yes, unless you have agreed to be exempt from work.
5. Can I combine unemployment benefits with a severance payment?

Yes, a transition payment or additional severance payment is separate from unemployment benefits.
When are you entitled to a higher transition payment?

A higher transition payment can be expected in the following situations:Long period of employment: If you have worked at the same company for many years, the compensation is often higher due to accrual per year of service.

Unjustified or questionable grounds for dismissal:
 For example, when the reason for dismissal is not well substantiated, you can negotiate more effectively about the compensation.

Negotiation:
 Sometimes, through negotiation, you can achieve an especially high compensation, especially if your employer wants to resolve the situation quickly.

Non-standard arrangements:

 In the settlement agreement, additional arrangements can be laid down, on top of the statutory minimum compensation.Are you unsure whether you qualify for higher compensation? Always make sure you are well informed before you agree.How can you offset loss of income when receiving unemployment benefits?

• If you receive unemployment benefits, you will not be paid your full last-earned salary. In the first two months you receive 75% of your unemployment benefit wage, after that this percentage drops to 70%. In addition, you do not accrue pension during your unemployment period, which can have consequences later.To limit the loss of income, you can consider agreeing with your employer on a higher severance payment than just the statutory transition allowance. This extra amount can be used to bridge the difference in income during your unemployment period or to supplement your pension yourself. Always discuss these options before you agree to a settlement agreement, so you won’t be faced with surprises.
• 6. Will my pension be accrued during unemployment benefits?No, during the period that you receive unemployment benefits, your pension accrual does not continue. You therefore do not build up any additional pension rights for the time you are on unemployment benefits. This can affect the amount of your eventual pension.
• Common mistakes with unemployment benefits and settlement agreements (VSO)No neutral reason
• in the agreement → risk of denial of unemployment benefits.Incorrect end date

→ loss of months of unemployment benefits.

Resigning voluntarily

without a VSO → no entitlement to benefits.No legal check done → only to discover problems at the UWV.Why Arslan Advocaten?

Check that your

• unemployment benefit rights are safeOften secure a

• higher compensation and better terms from your VSO

• Negotiate on your behalf without immediately going to courtCosts often recovered from the employer

• Real-life example: how we helpedAn employee signed a settlement agreement in which the reason “poor performance” was stated. The UWV denied unemployment benefits. With our help, a supplementary agreement was drafted with the correct wording (“by mutual agreement”), after which the employee still received unemployment benefits and kept his severance payment.

Waarom Arslan Advocaten?

• Controleren dat jouw WW-rechten veilig zijn

• Halen vaak een hogere vergoeding en betere voorwaarden uit je VSO

• Onderhandelen namens jou zonder direct te procederen

• Kosten vaak verhaald op de werkgever

Voorbeeld uit de praktijk: hoe wij hielpen

Een werknemer tekende een VSO waarin de reden “onvoldoende functioneren” stond. Het UWV weigerde WW. Met onze hulp werd een aanvullende overeenkomst opgesteld met de juiste formulering (“in goed overleg”), waarna de werknemer alsnog uitkering kreeg én zijn ontslagvergoeding behield.