Receiving a settlement agreement (VSO) during your pregnancy is an unusual and sometimes overwhelming situation. During this period you have statutory protection that gives you a strong negotiating position — but there are also serious risks in signing without due consideration. If your pregnancy has also led to illness, it is crucial to seek legal advice before you sign anything.
The dismissal ban during pregnancy
As a pregnant employee you benefit from enhanced protection against dismissal. Your employer cannot unilaterally terminate your employment contract: the dismissal ban is enshrined in Article 7:670(2) of the Dutch Civil Code and applies from the first day your employer is aware of the pregnancy. That protection continues throughout maternity leave and for six weeks after you return to work following the leave.
If you become ill after maternity leave due to pregnancy-related complaints, the six-week period shifts forward to the point at which you actually return to work. You are therefore protected against unilateral dismissal for a considerable length of time.
There are a few exceptions where the dismissal ban does not apply:
- Summary dismissal on grounds of an urgent reason
- Dismissal during probation (provided the pregnancy itself is not the reason)
- Complete closure of the business or insolvency
- Cessation of activities in the part of the business where you work, provided you have worked there for at least 26 weeks
Important: the dismissal ban does not mean your employer can take no action whatsoever. Dissolution can be sought through the subdistrict court, but even then your situation carries significant weight in the assessment.
Settlement agreements and pregnancy – what you need to know
Although your employer may not dismiss you unilaterally, they are permitted to offer you a settlement agreement. A settlement agreement is, after all, a termination by mutual consent: you sign voluntarily, which means the dismissal ban does not formally stand in the way. Nevertheless, this does not mean you should simply sign.
Your pregnancy actually gives you a strong negotiating position. The employer knows that a formal dismissal route via the UWV (Employee Insurance Agency) or the subdistrict court is difficult while the dismissal ban is in force, which means they have an interest in reaching an agreement with you. This creates room to negotiate better terms, such as a higher redundancy payment than the statutory transition payment, payment of outstanding holiday entitlement, or the removal of a non-compete clause.
You are never obliged to sign a settlement agreement. If you do not wish to cooperate, you are entirely free to refuse.
Settlement agreement during pregnancy-related illness – the additional risk
This is where the greatest danger lies. If you are ill as a result of your pregnancy, it is almost always unwise to sign a settlement agreement. The UWV regards cooperating with dismissal during illness as a so-called detrimental act: you relinquish your right to continued payment of wages, and in doing so you also disadvantage the UWV.
The consequences are far-reaching:
- You are not entitled to unemployment benefit (WW), because at the point of leaving employment you are not available for the labour market
- A claim for sickness benefit under the Sickness Benefits Act (Ziektewet) will in all likelihood be refused by the UWV on the grounds of the detrimental act
- Even if you hope to recover quickly, the UWV looks at your actual availability for work at the moment your employment ends
Even if you are not yet officially signed off sick but do have complaints that could potentially lead to incapacity, we strongly advise having your situation properly assessed. If you have any doubt about your health and have received a settlement agreement proposal, professional advice is not a luxury — it is a necessity.
Plan een vrijblijvend gesprek en ontdek wat we voor je kunnen betekenen.
Plan een gesprekThe WAZO benefit and what is at stake
As an employee in paid employment you are entitled, during your pregnancy and maternity leave, to a benefit under the Work and Care Act (WAZO). This benefit amounts to 100% of your daily wage, subject to a statutory maximum. The leave lasts a minimum of sixteen consecutive weeks, of which at least ten weeks must fall after the birth. Longer periods apply in the case of multiple births.
If you sign a settlement agreement before your leave has ended or while you are still entitled to this benefit, you risk losing those rights in whole or in part. That represents a direct financial loss on top of losing your job. If your fixed-term contract expires during the leave, the employment relationship ends by operation of law, but in that case you generally retain your entitlement to the WAZO benefit for the remaining leave period via the UWV.
Practical tips if you receive a settlement agreement during your pregnancy
- Never sign immediately. After signing you have a statutory cooling-off period of fourteen days; if the employer does not confirm this in writing, a period of twenty-one days applies.
- Always have the settlement agreement reviewed by an employment law specialist before responding to your employer.
- Consider whether you are ill or have complaints related to the pregnancy. If so, wait until you have received advice before making any decision.
- Check whether the settlement agreement is unemployment-benefit proof: the initiative must have come from the employer, there must be no urgent reason for dismissal, and the dismissal must not be attributable to you.
- Ensure the wording is neutral throughout the settlement agreement. Accusatory or blameworthy language can jeopardise your benefit entitlements.
- Negotiate the compensation. The statutory transition payment is the minimum; as a pregnant employee you have particular grounds to ask for more.
- Check the notice period. A notional notice period that is too short can result in your unemployment benefit starting later or even being refused.
- Have non-compete and non-solicitation clauses removed or restricted, particularly now that you will need to find new employment.
Fixed-term contracts or probation and pregnancy
If you have a fixed-term contract, it may simply expire on the agreed date even if you are pregnant. Your employer may only not decide against renewing your contract because of the pregnancy. If you can demonstrate that the pregnancy was the reason for non-renewal, you can challenge this; it is regarded as unlawful discrimination on the grounds of sex. The same applies to termination during probation: the pregnancy may never be the reason.
Why Arbeidsjurist Eindhoven
Receiving a settlement agreement during your pregnancy is one of the most sensitive situations in employment law. The combination of dismissal protection, benefit risks, and financial interests calls for someone who knows exactly where the pitfalls lie. At Arbeidsjurist Eindhoven we help pregnant employees in the Eindhoven and Brabant region with assessing, negotiating, and where necessary challenging a settlement agreement. We look not only at the text of the agreement, but also at your broader situation: your health, your benefit entitlements, and your future.
Have you received a settlement agreement or do you expect to receive one? Contact us for a no-obligation discussion. We are happy to think things through with you, without any commitment on your part.
Frequently asked questions
May my employer offer me a settlement agreement whilst I am pregnant?
Yes, they may. A settlement agreement is a termination by mutual consent and therefore falls outside the scope of the dismissal ban. Your employer may make you a proposal, but you are never obliged to agree. Because the dismissal ban does apply to unilateral dismissal during pregnancy, you actually have a strong negotiating position.
Will I lose my unemployment benefit if I sign a settlement agreement during my pregnancy?
Not necessarily, but there are strict conditions. The settlement agreement must be unemployment-benefit proof: the initiative must have come from the employer, there must be no urgent reason for dismissal, the notional notice period must have been applied correctly, and the wording must be neutral. If you are ill as a result of your pregnancy, there is a significant likelihood that the UWV will refuse both unemployment benefit and sickness benefit on the grounds of a so-called detrimental act. Always have the agreement reviewed by a legal professional.
What is the dismissal ban during pregnancy and how long does it last?
The dismissal ban is enshrined in Article 7:670(2) of the Dutch Civil Code and prohibits your employer from unilaterally terminating your employment contract. It applies from the first day your employer is aware of the pregnancy, continues throughout maternity leave, and for a further six weeks after you return to work. If you suffer pregnancy-related illness after the leave, that period shifts forward to the point at which you actually return to work.
What is at stake if I am ill due to my pregnancy and sign a settlement agreement anyway?
In that case you risk having no safety net whatsoever: you are not entitled to unemployment benefit (because you are unable to apply for jobs) and a sickness benefit claim will in all likelihood be refused by the UWV, because cooperating with dismissal during illness is regarded as a detrimental act — you are, after all, relinquishing your right to continued payment of wages. Always seek legal advice first if you are ill or have complaints related to your pregnancy.
How strong is my negotiating position as a pregnant employee when it comes to a settlement agreement?
Relatively strong. Because the dismissal ban is in force, the employer knows that a formal dismissal route via the UWV or the subdistrict court is difficult and uncertain. This gives you room to ask for more than just the statutory transition payment, to have holiday entitlement paid out, to have a non-compete clause removed, or to negotiate a higher settlement sum. Instruct an employment lawyer to help you get the most out of the negotiations.
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.
