Vaststellingsovereenkomst tekenen of weigeren in Eindhoven

Vaststellingsovereenkomst tekenen of weigeren?

Your employer presents you with a settlement agreement and asks for a decision. What do you do? Signing or refusing is a choice with significant financial and legal consequences, and the answer varies per situation. In this article, you'll learn about your rights, when refusing is advisable, and how to negotiate from a strong position.

You are never obliged to sign.

One of the most common misconceptions is that you have no choice. That is not true. A settlement agreement is a bilateral agreement: it only comes into effect if both parties voluntarily agree. Your employer cannot force your signature, even if they threaten legal action or set a tight deadline.

If you refuse to sign, legally nothing changes: your employment contract simply continues. Your employer then has two routes to proceed with the dismissal: via the UWV or via the sub-district court. Both processes are time-consuming, costly, and uncertain in their outcome – which actually strengthens your position at the negotiating table.

The statutory cooling-off period after signing

Did you sign something but have second thoughts afterwards? The law offers you a safety net. After signing a settlement agreement, you as an employee have a statutory cooling-off period of 14 days to withdraw from the agreement without giving a reason. This right is enshrined in Article 7:670b, paragraph 2 of the Dutch Civil Code and cannot be overridden by your employer.

If the cooling-off period is not stated in the agreement, then that period is automatically extended to 21 days. Also note that you can exercise this right a maximum of once every six months: if you sign a settlement agreement again within six months, the right of withdrawal for that second agreement will lapse.

When is saying no the smartest move?

Not signing is not an act of stubbornness — it can be a conscious choice to protect your legal position. There are situations where holding back is clearly advisable:

• The compensation is lower than the statutory transition payment. The transition payment is the statutory minimum to which you are entitled upon dismissal. Does the agreement offer less? Then do not sign until this has been corrected or negotiated.
• The reason for dismissal is incorrect or insufficiently substantiated. Is your employer assuming underperformance without documentation, or a reorganisation without clear justification? By refusing, you force them to prove this to the UWV or the court.
• You are ill. Signing a settlement agreement while you are ill can have significant consequences for your entitlement to a WIA benefit and the assessment by the UWV. Extra caution is advised in this situation.
• The WW-compliant formatting is missing. The UWV checks whether the initiative demonstrably lay with the employer and whether the notice period has been correctly applied. If these elements are missing, you run the risk of losing your unemployment benefit.
• You are under pressure to make a quick decision. Formuleringen als 'teken vandaag nog' of 'anders vervalt het aanbod' zijn een alarmsignaal. Druk uitoefenen om snel te tekenen is niet toegestaan en geeft jou juist reden om extra kritisch te zijn.

When drawing can be wise

Refusing isn't always the best option. If the terms are good, the compensation is right, and your redundancy rights are properly secured, a settlement agreement can be a neat and quick solution for both parties. You save yourself a lengthy and uncertain legal procedure. The advantage then lies in certainty: you know the outcome and can focus on the next step in your career.

The question is always: how strong is your employer's position if they do have to initiate a formal procedure? If their file is thin, you have more room to negotiate better terms.

Here's how to approach it practically

Whether you're hesitant or already know you want to refuse, a structured approach prevents you from acting on emotion. Follow these steps:

• Confirm receipt of the proposal calmly and indicate that you require time to consider it — this maintains a professional relationship.
• Please present the agreement to an employment lawyer as soon as possible, who will check it for Wob-conformity, the amount of the compensation, the end date, and any clauses.
• Record all conversations and confirm telephone consultations by email – this is valuable evidence if proceedings follow later.
• If in doubt, request an extension of the response period; in practice, one to two weeks is considered a reasonable reflection period before signing.
• Consider whether your employer is willing to cover the costs of legal advice – this is often accepted in practice.
• Have you already signed but regret it? Then make use of your right of withdrawal in writing within the statutory reflection period of 14 days.

Employment lawyer Eindhoven helps you further

At Arbeidsjurist Eindhoven, we help employees and employers in the Eindhoven and Brabant region with precisely these kinds of decisions. We will review your settlement agreement on all relevant points, provide you with insight into your legal position, and guide you through negotiations if necessary. No difficult legal jargon, but clear language and practical advice tailored to your situation. Contact us without obligation – we're happy to help you think things through.

Frequently asked questions

Can my employer force me to sign a settlement agreement?

No. A settlement agreement is a voluntary agreement that is only formed if both parties consent. Your employer can never force you to sign, not even if they set a deadline or threaten you with dismissal proceedings. They must always be able to substantiate such proceedings independently through the UWV or the sub-district court.

There is no statutory cooling-off period after signing a settlement agreement.

Following signing, you have 14 days to withdraw from the agreement without stating a reason. This right is regulated in Article 7:670b, paragraph 2 of the Dutch Civil Code. If the cooling-off period is not mentioned in the agreement, a period of 21 days will automatically apply. You can exercise this right a maximum of once every six months.

Will I lose my unemployment benefit if I sign a settlement agreement?

Not automatically, but the risk is real if the agreement is not drafted in accordance with unemployment law. The UWV [Employee Insurance Agency] assesses, among other things, whether the initiative demonstrably lay with the employer, whether the correct notice period was used, and whether there is no culpable conduct on your part. Always have the agreement checked before you sign.

Can I negotiate the terms of the settlement agreement?

Yes, absolutely. Negotiation is very common. You can propose a higher salary, request adjustments to clauses, or ask for additional terms. By initially refusing or stating what you want, you can often improve your negotiating position. An employment lawyer can support you with this and assess what is realistically achievable.

What happens if I refuse the settlement agreement and my employer starts proceedings?

Your employer must then demonstrate to the UWV or the sub-district court that there is a valid ground for dismissal. The UWV assesses dismissals for company economic reasons and long-term incapacity for work; the sub-district court handles requests for dissolution on other grounds. Both routes are time-consuming and uncertain, which strengthens your position as long as your employer's dismissal file is not in order.

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.