A settlement agreement can sometimes seem like a simple formality, but the consequences can be significant for your income, benefits and future. Engaging an employment lawyer in Eindhoven is by no means always obligatory, but there are situations in which you are making things genuinely difficult for yourself if you do not.
What does a settlement agreement actually contain?
A settlement agreement (VSO) is a contract in which you and your employer agree on how the employment relationship will end. It sets out arrangements regarding the end date, any redundancy payment, whether or not a non-compete clause applies, and the wording of the reason for dismissal.
That reason for dismissal is not a minor detail. If it states that you resigned of your own accord or that there was culpable conduct on your part, you could lose your entitlement to unemployment benefit. An employment lawyer checks whether the wording accurately reflects what was genuinely agreed and whether your interests are properly protected.
When is it truly necessary to engage an employment lawyer?
There are situations in which you should absolutely not sign without legal advice. Below you can read about when the risks are greatest.
Your employer is pressuring you to sign quickly
If you are presented with a settlement agreement and asked to sign within a day or two, that is a clear signal not to act hastily. Employers sometimes do this deliberately to give you little time for consultation. An employment lawyer helps you gain a clear picture of your position before you sign anything.
You are ill or incapacitated for work
Are you (partially) off sick at the time the agreement is offered? If so, additional risks come into play, such as losing your right to continued salary payment or a sickness benefit. In this situation, legal advice is not a luxury but a necessity.
The compensation does not feel fair
Perhaps you are being offered a payment lower than the statutory transition payment, or you are receiving nothing at all. An employment lawyer calculates the minimum you are entitled to and considers whether there is scope to negotiate.
There is an employment dispute
If the employment relationship is ending following a conflict with your line manager or HR, there is a strong chance that the settlement agreement has been drafted to your disadvantage. In disputes, the tone of the agreement is particularly important. Read more about this on the page about Settlement agreement in a dispute: your rights and approach.
Arrange a no-obligation chat and discover how we can help you.
Plan a conversationPractical situations where an employment lawyer makes a difference
In addition to the circumstances described above, there are further occasions when professional advice is sensible:
- You do not fully understand what certain clauses mean, such as a confidentiality clause or a non-solicitation clause.
- You are uncertain whether the agreed end date is correct and whether you are entitled to payment for outstanding holiday.
- You want to know whether you can claim a higher payment than the one offered.
- Your employer has a large legal team and you are facing them alone.
- You want certainty about your unemployment benefit entitlements before you sign.
- The agreement contains a training costs clause or a penalty clause that could affect you.
What does an employment lawyer specifically do for you?
An employment lawyer does not only check whether the wording is legally sound, but also whether the arrangements work in your favour. This means: reviewing the reason for dismissal, checking the amount and composition of the payment, assessing clauses that may restrict you after leaving employment, and advising you on your benefit entitlements.
In addition, an employment lawyer can negotiate on your behalf if it transpires that more is achievable. This does not always have to lead to legal proceedings; in many cases, better terms are reached through direct communication with the employer or their lawyer.
What if you have already signed?
Have you already signed but are wondering whether that was wise? In most cases, you have a fourteen-day cooling-off period after signing. Within that period, you can dissolve the agreement in writing without giving any reason. An employment lawyer can help you assess whether this is worthwhile in your situation.
Please note: once the cooling-off period has expired, the agreement is in principle final. Seek advice as quickly as possible if you have any doubts.
Why Labour Lawyer Eindhoven
At Arbeidsjurist Eindhoven, we assist employees and employers in the Eindhoven and Brabant region with reviewing and negotiating settlement agreements. We look at your specific situation, explain the consequences clearly and give honest advice — even if that means advising you that signing is not the right course of action.
Have you received a settlement agreement and would you like to know where you stand? Contact us without obligation. We respond promptly and are happy to think things through with you.
Frequently asked questions
Do I always need to engage an employment lawyer for a settlement agreement?
This is not a legal requirement, but it is strongly recommended. Particularly if you are ill, there is a dispute, you are under pressure to sign quickly, or you have doubts about the level of compensation, professional advice is sensible.
What does it cost to engage an employment lawyer in Eindhoven?
Costs vary depending on the situation and the firm. Some employment lawyers charge by the hour, while others work with a fixed fee per service. In many cases, you recoup the costs by securing better compensation or more favourable terms. Always ask about fees in advance.
Can an employment lawyer also negotiate on my behalf?
Yes, an employment lawyer can conduct negotiations with your employer. This can result in a higher redundancy payment, the removal of a non-compete clause, or a more favourable end date.
How long does it take to have a settlement agreement reviewed?
An initial assessment can often be carried out within one working day. If you are in a hurry, mention this at your first point of contact so that the lawyer can prioritise your case.
We're happy to help you brainstorm ideas. For advice tailored to your specific situation, we'd be happy to sit down with you. No rights can be derived from the content of this page and it may contain inaccuracies.
