A settlement agreement (VSO) is a contract between employer and employee containing agreements on the termination of employment. Employees often opt for a VSO to say goodbye to their employer by mutual agreement, without legal conflicts. But what if the employer does not want to cooperate?
Can an employer refuse a VSO?
Yes, an employer can refuse a VSO. Employers are not obliged to cooperate with a settlement agreement. There can be several reasons why an employer refuses a VSO:
- Financial reasons: The employer wants to avoid costs associated with a VSO, such as severance pay.
- Strategic reasons: The employer wants to realise the dismissal through another route, such as the UWV or the subdistrict court.
- Policy and precedent: The employer does not want to set a precedent that other employees may follow.
If an employer refuses, it is important to remain calm and try to understand why. Possibly a better proposal or a different negotiating point could still convince the employer.
What can you ask for in a settlement agreement?
At a VSO, you can ask for several things:
- Financial compensation: This is often the main point of negotiation. Severance pay may depend on the length of employment and the employer's financial situation.
- Notice period: This may vary, but must comply with legal requirements.
- Exemption from work: Depending on the situation, you can ask for relief from work during the notice period.
- Certificate and references: This can help you find a new job.
- Other appointments: This could include things like a competition clause, training costs or the transfer of work.
Can you ask for a settlement agreement?
Yes, you can always ask for a VSO. It is important to prepare this well:
- Preparation: Gather all relevant information about your employment, such as your contract, pay slips and any previous correspondence with your employer about dismissal.
- Arguments: Consider good arguments why a VSO can be beneficial for both you and the employer. This could be, for example, because it offers a quick and amicable solution without legal proceedings.
- Timing: Choose an appropriate time to start the conversation. This could be during a performance review or other formal consultation moment, for example.
The duration of the negotiation process can vary depending on several factors:
- Complexity of the case: If there are many points of discussion, it may take longer to reach an agreement.
- Willingness of parties: If both parties are willing to reach an agreement quickly, the process can be relatively quick.
- Legal assistance: Engaging legal counsel can both speed up and slow down the process, depending on the level of involvement and complexity of the advice.
On average, the negotiation process takes 2-3 weeks.
What to do if employer won't cooperate
If the employer does not want to cooperate with a VSO, there are alternatives:
- Dismissal on own initiative: This is possible, but will affect your entitlement to unemployment benefits.
- Legal steps: You may consider taking legal action, such as filing a dismissal petition with the subdistrict court.
- Consultation and mediation: It may help to engage a mediator to help both parties reach a solution.
It is important to have legal assistance in this process. A lawyer or legal advisor can help you protect your rights and find the best solution.
Tips for your vso negotiations
To get you started with the negotiations for your settlement agreement, we have already listed 3 important tips:
- Good communication: keep communicating professionally and constructively with your employer.
- Legal support: Consider engaging a legal expert for advice and support.
- Don't be pressured during settlement agreement negotiations
Leon: "After discussing the VSO, he immediately went to work for me, with the result that a modified version could be sent to the employer the very next day. Thanks to Robin, an excellent deal was reached for me!"
Marleen: "Robin helped me quickly, competently and professionally with questions I had no answers to myself. He has the knowledge and knows how to convey it in a clear and good way and is someone who knows what he is talking about, without beating around the bush. For me no other than Robin!"
Mr Bos: "I came to Robin from LegalWorx via via and he helped me very quickly and competently. He also took the time and effort to answer my other questions or advise me. In the end, I signed the VSO with good feelings. Robin, thank you very much!"
Legal advice on settlement agreements (VSOs)
When an employer does not want to cooperate with a settlement agreement (VSO), legal assistance is crucial. A legal advisor ensures that your rights as an employee are respected and that the terms of the VSO are fair and in your favour.
They understand the complexity of labour laws and can help negotiate better terms. Moreover, they recognise and remove unfavourable clauses that an employer may try to add, such as non-competition clauses or repayment obligations.
A VSO can be a good solution for both employer and employee, but there are times when employers do not want to cooperate. It is important to know what you can demand, how best to negotiate and what alternatives are available if a VSO fails. With the right preparation and legal assistance, you can still reach a satisfactory solution.
What are the risks if I negotiate without legal assistance?
If you negotiate a settlement agreement (VSO) without legal assistance, this is at stake:
- You may miss out on disadvantageous clauses, such as a non-compete clause or repayment obligations, because legal language can be complex. This can limit your rights and harm your future opportunities.
- In addition, chances are you will get a lower severance payment. Without knowledge of market standards, it is difficult to negotiate effectively for fair compensation.
Get in touch
Questions for senior employment lawyer mr. Robin Sieverdink? Contact us for legal advice and support on settlement agreements. You can also submit your have vso checked.
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