Many employees in Eindhoven and the Brabant region assume that a statutory redundancy payment comes at the expense of their unemployment benefit. Fortunately, that is not the case. In most situations you can receive both, but there are a few important points you cannot afford to overlook.
Statutory redundancy payment and unemployment benefit are separate entitlements
The essence of the matter is straightforward: the Statutory Redundancy Payment and unemployment benefit are two entirely separate schemes. The statutory redundancy payment is a legal payment made by your employer upon dismissal. Unemployment benefit is an employee insurance paid out through the UWV (Employee Insurance Agency). The UWV treats the statutory redundancy payment as compensation for the loss of your job, not as wages or income from employment. As a result, the payment is not offset against your unemployment benefit and has no effect on the amount you receive.
This is a widely held misconception that in practice causes unnecessary worry. You receive your statutory redundancy payment as a one-off gross payment, and your unemployment benefit runs entirely independently of it.
Conditions for entitlement to both
To receive both the statutory redundancy payment and unemployment benefit, you must meet certain conditions. First and foremost, the dismissal must not be your own fault. Culpable unemployment — such as summary dismissal for theft or fraud — excludes entitlement to both unemployment benefit and the statutory redundancy payment. In addition, for unemployment benefit you must be available for the labour market and satisfy the weeks requirement: you must have worked for at least 26 of the 36 weeks immediately preceding your unemployment.
Where a settlement agreement is involved, additional points apply. The initiative for the dismissal must demonstrably lie with the employer, and the reason for dismissal must be worded neutrally — for example, economic grounds or a reorganisation.
The notional notice period is the biggest pitfall
This is where the most common and most costly mistake occurs in cases of dismissal by mutual consent. When a settlement agreement is involved, the UWV assumes that you receive your normal salary throughout the notice period. Unemployment benefit only commences once that period has elapsed. If you and your employer agree on an end date in the settlement agreement that falls too early, you find yourself in a gap: no salary, but no unemployment benefit either.
Plan een vrijblijvend gesprek en ontdek wat we voor je kunnen betekenen.
Plan een gesprekThe notional notice period depends on how long you have been employed. The longer the period of service, the longer the notice period. Specifically: fewer than 5 years’ service means one month; 5 to 10 years means two months; 10 to 15 years means three months; and 15 years or more means four months. The end date in the settlement agreement must align precisely with this.
What you need to arrange practically upon dismissal
To protect both your statutory redundancy payment and your unemployment benefit, there are several steps you must not skip:
- Check the end date in the settlement agreement and verify that it corresponds with the statutory notice period applicable to your situation.
- Ensure that the initiative for the dismissal clearly lies with the employer and that this is explicitly stated in the agreement.
- Register as a jobseeker via werk.nl no later than one week before your employment ends.
- Apply for unemployment benefit as soon as your employment ends; do not delay.
- Bear in mind that the statutory redundancy payment is added to your annual income as gross income for tax purposes, although this does not affect your entitlement to unemployment benefit.
- Always have the settlement agreement reviewed before you sign it, paying particular attention to the points that affect unemployment benefit.
The amount and duration of unemployment benefit in 2026
For completeness: in 2026, unemployment benefit amounts to 75% of your last salary for the first two months, and 70% thereafter. A statutory maximum applies: the maximum daily wage in 2026 has been set at €304.25 gross. The duration of your unemployment benefit depends on your employment history and currently runs to a maximum of 24 months. There are plans to cap the maximum duration of unemployment benefit at one year from 2028 onwards, but these plans have yet to be finalised and approved. Keep an eye on developments, especially if your dismissal is still forthcoming.
Why Arbeidsjurist Eindhoven
At Arbeidsjurist Eindhoven we know the local labour market and understand precisely where things go wrong during dismissal. Whether you work for a company in Eindhoven, Helmond, or elsewhere in Brabant: we will review your settlement agreement with you, assess your entitlement to a statutory redundancy payment, and check whether your unemployment benefit is properly protected. Get in touch with us without obligation — we are happy to think things through with you, with no strings attached.
Frequently asked questions
Will my statutory redundancy payment be offset against my unemployment benefit?
No. The statutory redundancy payment is not offset against your unemployment benefit and has no effect on the amount you receive. The UWV treats the statutory redundancy payment as legal compensation upon dismissal, not as wages or income from employment. You can receive both alongside each other without any issue.
What is the notional notice period and why is it so important?
When dismissal takes place via a settlement agreement, the UWV applies a notional notice period: the statutory notice period that would have applied in the case of ordinary dismissal. Your unemployment benefit only commences after that period has elapsed. If the end date in the settlement agreement falls too early, you temporarily receive neither salary nor unemployment benefit. This is one of the most common and most costly errors in dismissal documents.
Am I entitled to unemployment benefit if I sign a settlement agreement?
That depends on how the settlement agreement has been drafted. Is the correct notice period used, does the initiative demonstrably lie with the employer, and has a neutral reason for dismissal been included? If so, you are in principle entitled to unemployment benefit. Always have the agreement checked before you sign it.
How much will my unemployment benefit be in 2026?
In 2026, unemployment benefit amounts to 75% of your last salary for the first two months and 70% thereafter. A maximum daily wage of €304.25 gross applies. The duration depends on your employment history and is currently a maximum of 24 months.
When am I not entitled to either the statutory redundancy payment or unemployment benefit?
Only in the case of summary dismissal for an urgent reason — such as theft, fraud, or serious refusal to work — are you entitled to neither the statutory redundancy payment nor unemployment benefit. In all other cases of involuntary dismissal, you are in principle entitled to both schemes, provided the relevant conditions are met.
We are happy to think along with you. For advice tailored to your situation we would gladly sit down with you. No rights can be derived from the content of this page and it may contain inaccuracies.
