Pressure from your employer to sign a settlement agreement whilst off sick: what can you do?

Pressure to sign a settlement agreement (VSO) during illness?

Are you feeling pressure from your employer to sign a settlement agreement (VSO) during illness? You do not have to simply agree. We explain what you can do.

Being ill is hard enough, but what if your employer is simultaneously pressing you to sign a settlement agreement? This happens to more people than you might think, and it is important to know that you do not simply have to give in to that pressure. As an employee who is off sick, you have more protection than you may realise.

Recognising being put under pressure

Pressure can be applied in many ways. Sometimes it is subtle: an employer who casually raises a settlement agreement (VSO) during a reintegration meeting. Sometimes it is more explicit: messages conveying urgency, imposed deadlines, or remarks that refusing 'would not be wise'.

Common forms of pressure include:

• Repeatedly asking whether you have 'given any thought' to the agreement
• Suggesting that signing is in your own interest, without substantiating this
• Threatening legal action or the discontinuation of continued salary payments
• Setting short deadlines within which you must make a decision
• Claiming that you would not stand a chance if it came to dismissal

Do you recognise situations like these? If so, it is good to know that you always have the right to take a step back and pause for thought.

What does the law say about signing under pressure?

A settlement agreement is only valid if you agree to it voluntarily. If you sign because you feel compelled to do so, or because your illness means you are not in a fit state to appreciate the consequences at that moment, there may be grounds relating to defects of consent. Think of duress, undue influence, or mistake.

In practice, it is difficult to demonstrate after the fact that you signed under pressure. It is therefore advisable to seek legal advice before you put your signature to anything. Reversing a signed settlement agreement is considerably more difficult than thinking things through carefully before signing. voordat Read more about your rights in a broader context in this overview article:

You do not have to respond immediately Settlement agreement during illness: everything you need to know.

Je hoeft niet direct te reageren

One of the most practical things you can do is simply take your time. Your employer may offer a settlement agreement, but they cannot force you to respond immediately. No law requires you to make a decision within a day or a week.

What you can do in practice:

• Make it known that you wish to study the agreement carefully before reaching a decision
• Always request a written version of the settlement agreement so that you can go through it at your own pace
• Engage an employment lawyer or other legal adviser to assess the contents
• Keep a note of conversations and retain any emails or messages in which pressure is applied
• If appropriate, discuss the situation with a confidential adviser or occupational health physician

Once you have signed, you are entitled by law to a reflection period of fourteen days. Within that period you may revoke the settlement agreement in writing, without having to give any reason for doing so.

What if your employer does not stop pressing you?

Is your employer continuing to apply pressure even after you have indicated that you need time to reflect? If so, it is wise to put this on record in writing. For example, send an email confirming that you are considering the settlement agreement but require more time. In this way you create a trail that can serve as evidence at a later stage.

In some cases the pressure coincides with other actions by the employer, such as challenging your sick note or making deductions from your salary. This is a situation that can quickly become legally complex. In that case, seek advice not only on the settlement agreement but also on the broader employment law situation.

When might signing sometimes make sense?

A settlement agreement is not always a bad outcome. In some situations, a well-negotiated settlement agreement provides clarity and a clean conclusion to an employment relationship that had already broken down. The difference lies in whether the terms are reasonable for you and whether you are able to make the decision freely, without external pressure.

Never be tempted to sign simply to put an end to the situation — particularly not if you are off sick, as the consequences for your unemployment benefit (WW) and your reintegration process can be significant.

Why Employment Lawyer Eindhoven

At Arbeidsjurist Eindhoven we understand that an employment dispute during sick leave places an extra burden on you. We help employees in Eindhoven and the Brabant region to understand their position and to hold their ground when facing an employer who is pressing them to sign. Together with you, we review the settlement agreement, the consequences, and your options — without any obligation on your part from the outset.

Contact us without obligation for an initial consultation. That way, you will know where you stand before making a decision that cannot be undone.

Frequently asked questions

Is my employer allowed to offer a settlement agreement whilst I am off sick?

Yes, they are. Offering a settlement agreement is not in itself prohibited, even during sick leave. However, you are never obliged to agree to it.

What if I have already signed but have regrets?

You have a statutory fourteen-day cooling-off period after signing. Within that period you can revoke the settlement agreement in writing. After that period, reversing the decision is far more difficult and depends on the specific circumstances.

Can my employer stop paying my salary if I do not sign the settlement agreement?

Merely signing a settlement agreement is not a condition for the continuation of sick pay. If your employer threatens to stop paying your salary, that is a separate employment-law matter for which you should seek legal advice.

How long do I have to think about a settlement agreement?

There is no statutory fixed period for deliberation before signing. You are entitled to ask for a reasonable amount of time. In practice, it is advisable to consult a lawyer as soon as possible, so that you can make a well-informed decision.

We are happy to think along with you. For advice tailored to your situation, we would be glad to talk. No rights can be derived from the content of this page and it may contain inaccuracies.