VSO to be checked - free settlement agreement check

VSO to be checked - free settlement agreement check2024-05-31T09:24:52+00:00

Have settlement agreement (VSO) audited

To set out the terms of your employment contract, you will want to have your settlement agreement reviewed. A vso is entered into between an employer and employee. Having your VSO by a legal expert, such as a lawyer specialising in employment law, can help you understand and protect your rights.

Getting your VSO audited; how does it work?

We assess whether the employer's proposal meets all the rules and whether you are offered the maximum. There are often mistakes in a settlement agreement, make sure everything is worded properly and engage an employment lawyer.

To have your vso checked, we assess whether the employer's proposal complies with all the rules. And whether the conditions offered in the settlement agreement (vso) are as favourable as possible for you, the employee. 

have vso checked

How does it work? Quite simply.

  • upload the settlement agreement
  • During office hours, you will receive a response to the vso from our employment lawyer within 30 minutes
  • This initial consultation is always free and non-binding

On weekdays between 9:00 and 21:00, we can get your settlement agreement check!

The process of the VSO check is simple

A settlement agreement (vso), also known as a termination agreement, plays a crucial role in mutual agreement dismissals between an employer and employee. It is a legal document that sets out the agreements surrounding your dismissal. Both you, the employee, and the employer must abide by this agreement, which protects both parties. 

Why get your VSO audited?

It is crucial to have a settlement agreement (vso) properly checked, especially with a view to preserving entitlement to unemployment benefits. If you are facing dismissal and your employer offers you a vso, it is important to have it professionally checked and seek legal advice. Whatever the reason for dismissal, such as: a reorganisation, long-term illness, a labour dispute or any other reason. 

Important details can be overlooked, especially since dismissal situations are often emotionally charged. Engaging an objective and knowledgeable lawyer to review your vso guarantees your rights and benefits during dismissal.

What should you look out for in a settlement agreement?

Received your settlement agreement (vso)? Pay attention to these 7 points:

  • Not culpable: confirmation that the employee is not to blame for the dismissal.
  • No pressing reason: this is a declaration that there is no urgent reason (such as misconduct) for the dismissal, which is important for entitlement to your unemployment benefit.
  • Defence against employer initiative: In some situations, it is useful to record that an employee has defended against the employer's initiative.
  • Start and end date: A clear indication of the start date of the employment contract and the end date.
  • Severance pay: Specification of the amount and conditions of severance pay.
  • Legal budget: With a legal budget, an audit or negotiation can often be conducted at the employer's expense and the employee himself has no costs.
  • Right to unemployment: Ensure that the settlement agreement (vso) does not exclude the employee from entitlement to unemployment benefits by carefully wording the above elements.

How can a lawyer help in checking a VSO?

The lawyer dives into the details of the settlement agreement to ensure that all legal aspects are correct. The lawyer also explores whether there is room for improvement in your specific situation. An important part of this process is the written record of all agreed terms.

VSO signed, but you want to return to it

As an employee, you have the right to revoke a settlement agreement once signed within 14 days of giving your consent. However, the employer, who draws up the vso, has no reflection period. For the employer, the vso is therefore final.

When is the exemption from work agreed?

Including work exemption in the settlement agreement (VSO) is an important step that is often considered. 

  • There is a disrupted employment relationship due to an industrial dispute. In such cases, the relationship between employer and employee may be strained.
  • The employee's work has ceased and the employer is unable to provide suitable replacement work. This can happen due to, for example: reorganisations, automation or a decrease in the volume of work.
  • The employer considers that the employee is not performing satisfactorily and no alternative work is available. This may lead to a decision to terminate the employment relationship.

Procedure for getting a VSO audited

When getting a settlement agreement (VSO) reviewed by our experienced employment lawyers, you follow a simple step-by-step plan. First, upload the settlement agreement via our website or send it by e-mail. Then, you will receive a response from one of our employment lawyers within 30 minutes during office hours. This initial consultation is always free and non-binding.

In the initial meeting, we discuss the main points of your VSO and identify potential risks and areas for improvement. Our lawyers check whether the employer's proposal complies with all legal rules and whether the terms offered are favourable to you. We pay attention to crucial details such as severance pay, the start and end date of the employment contract, and the conditions for maintaining your unemployment benefit.

After the initial assessment, you will receive detailed feedback. Our lawyers will explain to you what your rights are and provide recommendations for any changes to the agreement. This helps you make an informed decision and ensures you get the most out of your VSO.

Have you received a settlement agreement and want to check whether everything is correct? Our experts will be happy to help you; ask all your questions about transition allowance, settlement agreements and resign.

  • We know our clients by name; you are more than just a file number with us.
  • Every situation is unique and we offer tailor-made solutions to suit your specific needs.
  • With more than 10 years of experience in employment law, our lawyers have handled and successfully resolved a wide variety of issues.
  • We offer a free, no-obligation initial consultation to discuss your VSO and explain your rights.
  • You will receive a response from one of our employment lawyers within 30 minutes during office hours.

Are you entitled to benefits in case of settlement agreement?

You are only entitled to unemployment benefit when the settlement agreement meets the right conditions. If a settlement agreement does not fully meet these conditions, you may be denied unemployment benefit. You are never entitled to ZW benefit if you sign a settlement agreement when a notice prohibition during illness applies.

Are you entitled to transitional compensation at VSO?

There is no legal right to transitional compensation in the case of a VSO. But you obviously only agree to a VSO if you are satisfied with the agreements and thus also with the (amount) of the compensation.

How many months' salary in settlement agreement?

How many months' salary along depends very much on the situation; the statutory transitional compensation is 1/3 month's salary per year worked. When a dismissal is done via a settlement agreement, the compensation is easily 1/2 a month's salary or more per year worked. It also depends on how strong the employer is.

Contact our employment lawyer Mr Robin Sieverdink at WhatsApp, call 085 080 5482 or send a email; he will be happy to talk to you and provide answers to your questions, and he can quickly review your settlement agreement.

  • 100% free advice and monitoring
  • Sent your vso before 19:30? Advice within 30 minutes
  • You will be listened to in a way you are comfortable with
  • A lawyer with 95% security to achieve a better dismissal settlement for you

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R. de Vogel, .
Average severance pay for settlement agreement2023-08-01T11:32:27+00:00

The average "transition compensation" included in a settlement agreement (VSO) is 0.57 gross monthly salary per year worked. This is therefore 0.24 gross monthly salary higher than the legal calculation. The compensation is therefore higher on average when a lawyer negotiates a VSO.

Settlement agreement and severance pay2023-06-09T08:06:57+00:00

In theory, there is no right to a transition fee in the case of a settlement agreement (VSO). The employer only owes a transition fee when a dismissal via the UWV or dissolution via the subdistrict court takes place. However, it is common for the VSO to include a severance payment that is as high or higher than the statutory transitional compensation.

When am I not entitled to a transitional allowance2023-06-09T07:59:45+00:00

You have no entitled to a transition allowance if you resign yourself (except if employer has acted seriously culpable), you are seriously culpable for the dismissal and if the employer has been declared bankrupt or has a suspension of payments. This also means that if you decide not to extend the fixed-term employment contract you will no entitled to a transitional payment.

When am I entitled to transitional compensation2023-06-09T07:56:06+00:00

You are entitled to a transition allowance when the employer takes the initiative to terminate the employment contract through the UWV or Cantonal Court. The conditions herein are that you do not serious culpable dismissal, such as in cases of theft or fraud, among others. This means that you are also entitled to a transition allowance if the employer decides not to extend your fixed-term employment contract.