Negotiating settlement agreement
You will be fired by your employer. This may come as a complete surprise, but perhaps you saw it coming. And you agree to dismiss by mutual agreement. You will then make arrangements with your employer around your dismissal and you will not have to go to the UWV or cantonal court. So you can negotiate the arrangements in your settlement agreement .
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Dismissal by mutual agreement saves going to the subdistrict court and the UWV
Negotiating your settlement agreement. Is that possible?
Your employer will draw up a so-called settlement agreement. This contains all the agreed arrangements and the amount of severance pay. He will send this draft of the settlement agreement to you. It is then up to you to review the document. To do so, engage an employment lawyer. Do you disagree with the content of the document? You have the right to negotiate the agreements. In 99% of cases, the employer also reimburses legal fees. If you agree on the content of the settlement agreement together with your employer, there is no need to involve a subdistrict court judge or UWV employee. You arrange everything directly and personally with your employer, which often makes the process quicker and easier.
Negotiate the terms of the settlement agreement so that you get the best possible deal out of it
Both your employer and yourself have the same goal: to come out of it together, so your dismissal is settled via a settlement agreement. But your interests are not equal; for example, your employer will not necessarily go for the highest severance pay. He can and will bet this amount lower. This is where the room for negotiation lies. For this, engage an expert who will stand up for your interests and negotiate your settlement agreement (VSO).
You don't have to settle for minimal transition allowance. Negotiate severance pay. But exemption from work, continued payment of your salary and any budget for new training can also be subject to negotiation.
Tips for negotiating VSO: here's what you can do
- Keep your composure and patience: When you start VSO negotiations, it is essential not to make a counter-proposal right away. This may give the impression that you are in a hurry, which may encourage the employer to keep the compensation low. Let the employer wait some time; if he contacts you himself, this shows his interest in ending the employment relationship.
- Don't be pressured: During VSO negotiation, do not give in to pressure to sign a deal quickly. Aim for an agreement that the employer reluctantly accepts, indicating that it is a fair deal.
- Be realistic in your counter-proposal: A counter-proposal that is too high can scare off the employer and harm negotiations. A reasonable proposal increases the chances of a more favourable outcome in VSO negotiations.
- Know the risks and consequences: Be aware of what happens if an agreement is not reached. This includes not only potential legal costs, but also the emotional burden of possibly remaining employed.
- Remain steadfast about your desire to remain employed: During VSO negotiation, it is important to make it clear that you are keen to maintain your position. This can be of strategic advantage in negotiations.
- Dare to walk away from negotiation: If the terms are not favourable, show that you are willing to stay employed. This can lead to a better arrangement as it shows the employer that you have other options.
Have you received a settlement agreement and want to have it checked that everything is correct? Contact us so that an employment lawyer from transitievergoedingberekenen.nl can check the document for you, and do the negotiation with your employer on your behalf. Contact us directly at WhatsApp, call 085 080 5482 or send a email.