What is a settlement agreement (VSO)?
A settlement agreement - often also called termination agreement - is an agreement in which two parties agree to resolve a dispute/dissent. This can therefore include the dismissal of an employee and on what terms and conditions this should take place. When an employee receives a VSO for the first time it is not yet binding, the main rule is that a VSO is not binding until both parties have signed the agreement in writing - this includes an agreement by e-mail. After signing the termination agreement, an employee can go back on it within 14 days (reflection period) and in some cases even within 21 days.
Many employees are in the dark when a VSO is offered. Searching on Google unfortunately does not bring a lot of clarity as there is also often incorrect information on the internet. Therefore, a tailored advice is always recommended, as all the facts and circumstances of the situation are important.
Why a VSO/termination agreement?
A VSO is the most sought-after and easiest way for employers to dismiss an employee. By issuing a settlement agreement offer, the employer avoids having to initiate a dismissal procedure with an independent body (Cantonal Court or UWV) watching and assessing the dismissal. This is because the employer is not waiting for a relatively long procedure in which there is no certainty whatsoever whether the dismissal will be "approved". This is the reason why - in the vast majority of cases - higher compensation is possible with a VSO. It is therefore wise to engage an employment lawyer who will listen carefully to the situation and provide assistance in the process. In addition, a good employment lawyer will ensure that a lot of stress is taken away in such a difficult and emotional situation. In 95% of cases, the costs are reimbursed by the employer and the employee himself has no expenses.
LegalWorx specialises in dismissal law and negotiating settlement agreements. The initial consultation is always free and non-binding. Please contact us via WhatsApp, call 085 080 5482 or send a email; You can also sign the settlement agreement here upload. our employment lawyer will be happy to assist you. And provide the answers to all your questions.