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Resign on your own terms

October 01, 2023

When most people think about dismissal, they immediately think of quitting or being fired. But there is also a middle ground: dismissal by mutual consent. In that situation, you and your employer agree that your employment will end, and you agree on the conditions under which this will happen. You record these agreements in a settlement agreement (VSO): an important document in which you would of course like to see favorable conditions. We explain what you should pay attention to.


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A VSO applies to dismissal by mutual consent

This form of dismissal takes place if you and your employer reach an agreement about your departure. This does not mean that you are always happy about it: this dismissal also often happens at the initiative of your employer, for example due to a reorganization. Your employer does not have to give you a reason to propose a dismissal by mutual consent. He is also not obliged to pay you a transition payment - although a severance payment is often part of the settlement agreement or can be negotiated.

You do not have to agree to the settlement agreement and this type of dismissal. If you are prepared to enter into a settlement agreement, make sure that all agreements are properly written down. Once the agreement has been signed, you and your employer can no longer claim anything from each other.

You lay down your agreements regarding dismissal in writing

In order to prevent possible future discussions, you record all agreements regarding your departure in writing. Consider agreements about:

  • end date of employment contract
  • taking or paying holidays, any bonuses and other allowances
  • amount of the termination compensation
  • non-competition clause
  • exemption from work during notice period

It is extremely important that these agreements work out in your favor as much as possible. Otherwise, you may end up with an unfavorable departure date, unfair holiday pay or too strict non-competition clause, making it difficult for you to find new work.

Retain your right to unemployment benefits after your VSO

Have you reached the end date of your employment contract and have not yet found a new job? Then you are unemployed. You may be eligible for unemployment benefits from the UWV. For this it is important that your settlement agreement is properly formulated and complies with the rules of the UWV. Otherwise you may not be entitled to unemployment benefits.

Let our lawyers take a look with you

Our legal specialists know exactly what to look for in VSO negotiations. They check your settlement agreement, give you advice on the most important points of attention and negotiation strategy, or even represent you in those conversations. Do you want to enlist their help? Please contact our Service Center directly. We are available every working day from 8.00 am to 18.00 pm via and 0345 851 963.

Would you like to have your settlement agreement checked immediately? That's possible here! 

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