Always Have an Employment Lawyer Review Your Settlement (Termination) Agreement Before Signing

Why is it important to have a settlement agreement checked?

Dismissal. It is a word that evokes a negative association in almost every employee. Understandable, because an uncertain period often sets in after dismissal. Job loss also feels like failure for many people. However, dismissal does not always have to have only bad sides. For example in the case of dismissal by mutual consent. Together with your employer you then decide that you will no longer continue together. Your employer will then draw up a settlement agreement. Do you receive such a dismissal proposal? Then always check your settlement agreement .

By checking a settlement agreement, you prevent financial disadvantage

You must have a settlement agreement assessed. Not because this is mandatory, but because this document must meet a wide number of requirements. If things are overlooked, this can have unpleasant financial consequences for you. You have a settlement agreement checked by a legal professional. Mijn Arbeidsconflict.nl is happy to assist you with this.

Conditions for dismissal by mutual consent

It can be decided to dismiss by mutual consent if you are no longer happy at work. For example, because you have become involved in a labor dispute. By dismissal by mutual consent, you retain your right to unemployment benefits. Some of its key features include:

It is your employer who proposes to terminate the employment
You and your employer agree on the dismissal
You and your employer agree on the financial settlement. Please be aware that you will not receive a transition payment
You are not ill when you agree to the dismissal

Check your settlement agreement

You can actually see the settlement agreement that results from the dismissal by mutual consent as a dismissal proposal. This agreement is also known as termination agreement. In most cases there is room for you as an employee to negotiate the conditions. It is important not to sign the agreement immediately, but to check this settlement agreement. Accepting the proposal is a major decision with major consequences. The last thing you want is for your unemployment benefits to be in jeopardy. In order not to run any risks, have this settlement agreement checked.

Have your settlement agreement assessed by the Employment Law Firm

A settlement agreement is an important document. That is why it should also be looked at carefully by an employment law specialist. This way you exclude legal risks. As professionals in a settlement check, include your right to unemployment benefit and the fictitious notice period. These are important points, but only examples of the elements on which you can have your settlement agreement checked. If you enlist the help of Mijnarbeidsconflict.nl, you can rely on the experience of a professional specialized in employment law.

Checking a settlement agreement: which points are important?

The fact that it is important to check a settlement agreement becomes all the more clear when you realize what all this involves. A legal professional checks the document on about twenty different points. In addition to the so-called unemployment benefits and the fictitious termination date, this also includes the final settlement, the reasonableness of the severance pay, the situation of illness and incapacity for work, settlement of study costs, transfer of work and payment of outstanding leave hours.

What is meant by WW-friendliness?

The unemployment benefit-friendly nature of a settlement agreement is one of the most important elements of this document. This means that the text must explicitly state three things. If you have your settlement agreement checked, your legal professional will look closely at it. The document must state that the initiative for the dismissal lies with the employer, that there may not be an urgent reason for dismissal and that you as an employee cannot be blamed. The latter means that you may not have done something that led to the dismissal.

In which cases is it better not to sign a termination agreement?

If you have your settlement agreement checked by a professional, this means that you agree with your employer and agree to the dismissal. In some cases, agreeing to this form of dismissal is discouraged. For example, if you are in the first two years of your sick leave. A sick employee enjoys dismissal protection. If you nevertheless agree to the dismissal, there is a good chance that you will lose your right to benefits. So before you have the settlement agreement checked, check whether this is a good idea in your case. Contrary to popular belief, a termination agreement during pregnancy or maternity leave does not cause any problems.

Even if you have a temporary contract, signing the agreement can have consequences for your unemployment benefit. Does your contract state that early termination is possible? Then you can usually agree to dismissal by mutual consent. Isn’t this mentioned? Then this form of dismissal has consequences for your unemployment benefit. You are then only entitled to this after the expiry of the original end date. It is therefore very sensible to have a settlement agreement assessed by a legal professional, even with a temporary contract.

Checking a settlement agreement: the statutory cooling-off period

Dismissal feels like a failure for many employees, but in fact the opposite is true. Have you had a settlement agreement assessed and have you agreed to the proposal? Then this also means a solution to the problem. When your employer hands you the agreement, you never have to sign it immediately. A response time of 7 to 14 days is normal. Even after you have signed the termination agreement, you still have 14 days to change your mind. After that, the document is binding and cannot be undone.