Draft settlement agreement

Your employer says it wants to fire you and terminate your employment contract. As you agree to this together, then the resign not through the subdistrict court or running the UWV. You then propose a settlement agreement up. In it, all agreements relating to termination of current employment recorded. Want your VSO checked? At Transitievergoedingberekenen.nl do we will do this for you for free.

This is only an issue in cases of dismissal by mutual consent.

It is then up to the employer to draft a settlement agreement.

What is a draft settlement agreement?

A draft settlement agreement is a preliminary agreement prepared by the employer, which contains the terms and conditions for the termination of an employment contract between an employee and employer. This document serves as a basis for negotiations before it is made final.

The employee has the opportunity to review this proposal and can propose changes or make a counter-proposal. For example, an employee may negotiate for a higher severance payment or a later termination date, in order to reach an agreement acceptable to both parties.

What agreements are in the draft settlement agreement?

  • the date of termination of employment
  • The amount of the transition or severance pay
  • the payment of any outstanding holidays and/or thirteenth month
  • positive certificate with references

After you have reviewed the concept of the settlement agreement receive, it is wise to go through this document with an expert. This is because you do not have to agree to the draft. You should see it as a proposal from the employer; of course, you have the option to negotiate.

Is the settlement agreement legally correct? Have an expert look into it

After you have signed the draft settlement agreement, you will have 14 more days to revoke your agreement to the proposal.

Don't agree with vso concept? The negotiation process.

If you do not agree with the terms in the draft, you have the option to make a counterproposal. This negotiation process can continue until both parties are satisfied with the agreements or until it is clear that no agreement can be reached because the parties are too far apart.

The negotiation process is an important part of preparing a draft settlement agreement. When your employer proposes to terminate your
employment contract, a draft settlement agreement will be drawn up. This document is not final and, in most cases, allows room for negotiation between you and your employer.

The draft serves as a proposal setting out the initial terms of your dismissal. It is important to understand that you do not have to agree to this draft immediately. You have the opportunity to make counter-proposals if certain agreements do not meet your expectations. For example, the severance pay, the end date of your employment, or other terms of employment.

In turn, your employer may also respond with adjustments. This negotiation process ensures that both parties can reach a fair and mutually satisfactory agreement. Ultimately, the draft is adjusted into a final settlement agreement signed by both parties. Once you enter a negotiation, it does not mean that the employer is obliged to come up with a counterproposal and the employee is not obliged to agree to a dismissal. Either party can always decide to stop negotiations and decide that no agreement will be reached then. This is why people often seek legal assistance.

Importance of legal review of your draft settlement agreement

It is important to seek legal advice before signing a draft settlement agreement. This draft is a proposal from your employer regarding the termination of your employment contract. Errors or ambiguities in this document can have adverse consequences later on, such as losing unemployment benefits.

If we discover legal shortcomings or you disagree with certain terms, you can raise this and negotiate for better terms. This is your right and an important part of the process. This avoids potential misunderstandings and the negative consequences that can follow if a deal is handled carelessly.

Have you received a settlement agreement and want to have it checked that everything is correct? Please contact us via WhatsApp, call 085 080 5482 or send a email; our employment lawyer will be happy to talk to you. And provide the answers to all your questions.