How do you request redundancy yourself via a settlement agreement in Eindhoven?

Requesting your own dismissal via a settlement agreement

Do you want to initiate your own dismissal via a settlement agreement (VSO)? With the right approach, you can preserve as many of your unemployment benefit (WW) rights as possible. We explain the steps.

Wil je zelf een einde maken aan je dienstverband, maar wil je tegelijkertijd je WW-rechten beschermen? Dan kan een settlement agreement (VSO) een slimme route zijn — mits je de onderhandelingen goed aanpakt. In Eindhoven en de regio Brabant helpt een arbeidsjurist je om dit proces stap voor stap te doorlopen zonder onnodig risico te nemen.

Why a settlement agreement if you want to leave yourself?

If you resign by giving notice yourself, the UWV will generally consider you to have become unemployed through your own fault. This means you are not entitled to unemployment benefit (WW). A VSO offers a way out: the employment contract is terminated by mutual consent, without you formally resigning.

The difference lies in the wording. A VSO will generally state that the initiative came from the employer, or that a joint decision was made. This is crucial for the UWV's assessment. Even so, it is not as straightforward as it sounds — there are conditions the VSO must meet in order for you to retain your entitlement to WW.

When is a VSO realistic if the initiative lies with you?

Your employer is not obliged to cooperate with a VSO simply because you want to leave. They will generally only agree if there is something in it for them too. Think of situations where:

• the working relationship has been difficult for some time;
• a reorganisation is taking place in the background;
• you hold a position that the employer wishes to reduce or fill differently;
• there is already a disrupted employment relationship in which both parties would rather part ways.

In such cases, you can open the conversation and propose reaching a joint termination. How you approach that conversation will partly determine whether your employer is open to a VSO.

How do you approach the negotiation?

Raising the subject of a desired departure via a VSO requires thorough preparation. You do not want to give the impression that you are so keen to leave that you will accept anything — because that is when you lose your negotiating position.

Practical tips for the negotiation

• Wait for the right moment: raise the subject when there is already a reason to do so, such as a conflict, a reorganisation, or a performance review that did not go well.
• Formuleer neutraal: do not indicate that you have a new job or that you are keen to leave; keep the reason open or focus on the shared situation.
• Ask for a neutral reason for dismissal: ensure that the settlement agreement states that the initiative lay with the employer, or that a business-related or relational reason applies.
• Negotiate the payment: in a settlement agreement you are entitled to at least the statutory transition payment; do not simply accept a reduction on this amount.
• Check de opzegtermijn: the settlement agreement must correctly incorporate the notional notice period; otherwise your unemployment benefit (WW) will be delayed.
• Have the text reviewed: never sign a settlement agreement without first having it assessed by an employment lawyer.

What must the settlement agreement contain in order to retain your WW entitlement?

The UWV carefully assesses the settlement agreement before granting unemployment benefit (WW). A few elements are essential in this regard:

• The reason for termination must not demonstrate that you acted in a culpable manner.
• The end date must correspond with the applicable notice period (or be longer).
• There must be no penalty clause that suggests you have been at fault.
• The settlement agreement must have been signed with a fourteen-day cooling-off period.

If any one of these elements is missing, the UWV may refuse or delay your unemployment benefit (WW). An employment lawyer knows exactly what the UWV looks for and can help you optimise the wording before you sign.

Cooling-off period: use it wisely

After signing a settlement agreement, you have fourteen days in which to reconsider your decision. This cooling-off period is required by law and must also be stated in the settlement agreement. Use this time to have the agreement reviewed critically once more — preferably by an employment lawyer in Eindhoven who is familiar with local practice.

For further background on the consequences of resigning on your own initiative for your benefit entitlement and payment, see also: Requesting your own dismissal: consequences for unemployment benefit (WW), transition payment, and settlement agreement.

Why Employment Lawyer Eindhoven

At Arbeidsjurist Eindhoven we understand that taking the initiative to leave yourself can feel daunting — especially when you are uncertain about where you stand. We guide you through the conversation with your employer, review the settlement agreement on all crucial points, and ensure that your interests are properly protected.

Would you like to know what your options are? Please feel free to contact us without obligation. We will look at your situation together and give you clear advice on the best course of action.

Frequently asked questions

Can I request my own dismissal and still retain the right to unemployment benefit (WW)?

Yes, this is possible by means of a settlement agreement. Provided the settlement agreement is correctly drafted and contains the right reason for dismissal, the UWV can approve your unemployment benefit (WW) application. Always have the agreement checked in advance.

Does my employer have to agree to a settlement agreement if I want to leave?

No, an employer is not obliged to cooperate with a settlement agreement. They will generally only do so if they also see a benefit in it for themselves. Good preparation and the right approach to the conversation are therefore important.

What happens if I sign the settlement agreement without legal advice?

You run the risk that the agreement contains unfavourable clauses, that the reason for dismissal does not satisfy the UWV's requirements, or that you accept a payment that is too low. Always have the settlement agreement checked before you sign.

How long does the negotiation process for a settlement agreement take?

It varies by situation. Sometimes agreement is reached within a week, but in more complex cases it can take several weeks. An employment lawyer can help to speed up and structure the process.

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.