Many employers are having a hard time during the corona crisis, which is why they often have to decide to terminate employment contracts with a permanent contract. Perhaps you are or know someone who has also received a permanent contract. What should you pay attention to if you have received a settlement agreement or dismissal proposal? Fill in the contact form directly or ask your question via Whatsapp or call 040-3035113. We will be happy to help you assess a dismissal proposal, initial advice completely free of charge!
In the event of termination of the employment contract by mutual consent, you are not automatically entitled to severance pay. It is up to the parties themselves to decide whether and, if so, how much severance pay, if any, should be paid. A connection is often sought with the transition compensation. The employer must also pay this compensation if the employment is terminated through the intervention of the UWV or the subdistrict court. We aim to negotiate a higher severance payment. If the initiative lies with the employer, we succeed in most cases. Let us assess your dismissal proposal free of charge and we will inform you whether there are possibilities.
You are welcome for a free consultation at our office at Stratumsedijk 6 in Eindhoven.
We are genuinely interested in who you are and would like to get to know you. Because only then can we help you and give advice that really suits your personal situation and wishes.
It is important that a correct termination notice period is observed in the settlement agreement. If you have been employed for more than 12 years, a statutory notice period of 3 months applies. If your employer uses a notice period of two months and you subsequently apply to the UWV for unemployment benefit (WW) after the end date, the UWV will not grant you WW benefit directly. The UWV also observes a notice period. If an incorrect notice period is observed, you will have to bridge a period without income (/benefit) yourself. This is also referred to as observing the ‘fictitious notice period’.
An agreed non-competition and/or relationship clause limits you in finding a new job. Try to have it stated in the settlement agreement that it will lapse. You can also suggest that the employer draw up a list of relationships that you are not allowed to approach. We will make clear agreements about the non-competition clause.
We would like to get to know you and of course you want to know who we are. We will find out soon enough if we can offer you what you expect. Our employment lawyers will be happy to welcome you for an initial consultation.
Legal advice is not a simple push of a button, but the result of a thorough inventory of your wishes and possibilities. We list important aspects together with you. The employment lawyer will take the time to do this in the first introductory meeting, which is always completely free of charge and without obligation. You are not attached to anything!
If it works out between you and the employment lawyer and we can be of good service to you, you will receive a suitable proposal from us. We always base the advisory process on your goals and possibilities. We attach more importance to a realistic approach than to creating too high expectations. If you are in agreement with this, then we will proceed with the advice and guidance energetically. That is the starting point of our clear legal services.
From this moment on, we relieve you of your worries and make sure that everything is taken care of from start to finish. We handle your labour issue quickly and well. This active way of working has more than proved itself in the meantime.
Before, during and after the advisory process, we would like to be your point of contact. For a long time now, our cooperation has only resulted in satisfied customers. For our customers, we take that one extra step that makes all the difference in many things. Your business is in good hands with us.
It is important that the determination agreement is formulated in a Unemployment Insurance Act-friendly manner. The settlement agreement must show that the employer has taken the initiative for termination and that there is no question of immediate dismissal (urgent reason) and that the employee cannot be ‘blamed’. A WW-friendly ground for dismissal must also be included. It is often mentioned that employee and employer have a difference of opinion. If the employer wants to conclude a settlement agreement due to the corona crisis, the agreement must state that there is a ‘business economic reason’.
In the event of final discharge, you cannot claim any other claims from your employer after signing the settlement agreement. After signing, you have nothing more to claim from each other. Therefore, make sure that all subjects have been appointed and that there are no loose ends.
Would you like to have the settlement agreement reviewed? The employer often pays the costs for the assessment of the settlement agreement. Or would you like us to negotiate with your employer on your behalf? If so, please contact us. Fill in the contact form directly or ask your question via Whatsapp or call 040-3035113. Do you prefer to drop by for a no-obligation conversation? Of course you can! Then make an appointment as soon as possible.