You have received a settlement agreement - act now
If your employer has presented you with a vaststellingsovereenkomst (VSO, settlement agreement), you are facing one of the most consequential decisions of your professional life. Signing without independent advice is one of the most common and costly mistakes employees make. The agreement will contain a final release of all claims (finale kwijting) - once you sign and the three-day reflection period has passed, you generally cannot undo it. Do not sign under time pressure from your employer. You are not legally required to sign at all.
The first thing to do is to read the agreement carefully and identify its key terms: the end date, the compensation amount, the fictitious notice period, the reference letter, any non-compete or non-disparagement clauses, and the scope of the final release. Then contact an employment lawyer immediately - many offer a free initial consultation specifically for employees who have received a VSO.
What your employment lawyer will check in the Netherlands
An experienced employment lawyer will verify:
- Whether the transition payment has been correctly calculated - employers frequently underpay this.
- Whether the VSO will preserve your entitlement to WW unemployment benefits - the wording must confirm that the employer initiated the termination.
- Whether the fictitious notice period is correctly reflected in the end date - an end date that is too early delays your WW.
- Whether the eindafrekening (holiday days, holiday allowance, bonuses) is complete.
- Whether there are any unfair or overly broad clauses - non-competes, penalty clauses, or releases that go beyond what is reasonable.
Your three-day reflection right under Dutch law
Under Article 7:670b(2) of the Dutch Civil Code, you have three working days after signing to rescind the agreement - without giving any reason. This is your statutory safety net. Even if you feel pressured to sign quickly, you always have three days to reconsider. If the employer does not inform you of this reflection right in the VSO, the period is extended to three weeks. Use these days to get proper legal advice before the rescission period expires.
The statutory reflection period of three working days under Article 7:670b(2) of the Dutch Civil Code is a mandatory minimum: if the employer fails to mention it in the VSO text, the period is extended to three weeks, during which the employee can rescind the agreement by written notice without giving any reason. The VSO must be in writing to be valid (Article 7:670b(1) of the Dutch Civil Code); an oral agreement to terminate by mutual consent has no legal effect. Before the reflection period expires, check that the transition payment is correctly calculated (one-third monthly salary including holiday allowance and fixed emoluments per year of service), that the fictitious notice period is respected in the agreed end date, and that the wording confirms the employer initiative to ensure WW entitlement.
The statutory reflection period of three working days under Article 7:670b(2) of the Dutch Civil Code is a mandatory minimum: if the employer fails to mention it in the VSO text, the period is extended to three weeks, during which the employee can rescind the agreement by written notice without giving any reason. The VSO must be in writing to be valid (Article 7:670b(1) of the Dutch Civil Code); an oral agreement to terminate by mutual consent has no legal effect. Before the reflection period expires, check that the transition payment is correctly calculated (one-third monthly salary including holiday allowance and fixed emoluments per year of service), that the fictitious notice period is respected in the agreed end date, and that the wording confirms the employer initiative to ensure WW entitlement.