Have you received a settlement agreement (VSO) from your employer, but are you dissatisfied with the terms? Know that there is often more possible than you think. A VSO is a proposal, not a fait accompli.
In this article, we explain what you can negotiate, how to approach this strategically, what pitfalls to avoid, and how a lawyer can help you without immediately going to court.
Why Negotiate Your VSO?
A settlement agreement is intended to part ways amicably. Employers often make an initial offer that is favourable to themselves. As an employee, it is important to know your rights and possibilities and to improve them where necessary.
Negotiating can save you thousands of euros and secure better terms.
5 Elements You Can Negotiate
1. Severance Payment
Often only the statutory transition payment is offered.
Negotiate for a higher payment, for example additional monthly salaries as compensation.
Example: An employee was initially offered 3 months. After negotiations, he received 5 months' salary as severance.
2. End Date & Exemption from Work
Do you want to be paid longer? Negotiate a later end date.
Request exemption from work, so that you can already apply for new jobs during the notice period.
3. Non-compete or Non-solicitation Clause
Request the removal or limitation of a non-compete clause.
If the clause remains (partially) in place, negotiate compensation for the duration of the clause.
4. Reference Letter & Reputation
Ensure that the reason for dismissal is recorded neutrally, e.g., "reorganisation" or "by mutual agreement".
Request a positive reference letter or reference.
Make arrangements about how your departure is communicated internally and externally.
5. Other Accommodations
Consider reimbursement of legal costs (customary).
Outplacement support or a training budget.
Possibility to keep a company car, laptop, or telephone.
Tips for a Successful Negotiation
Prepare your arguments: consider your long service record or the fact that the dismissal was not your fault.
Stay professional and calm: show that you are serious and are not in a hurry.
Be realistic: set achievable demands and aim for what is customary plus something extra.
Play it smart: do not reveal all your wishes at once and choose your moment for a counter-proposal.
Put everything in writing: verbal agreements do not count.
What If the Employer Refuses to Negotiate?
Stay in dialogue and ask why there is no room.
Be firm but polite.
Look for alternatives that cost the employer little but are worth a lot to you.
Have a lawyer make a counter-proposal: this often gives more weight to your request.
If the employer truly will not budge, seek legal advice on whether accepting or refusing is the better option.
How Does a Lawyer Help Without Going to Court?
An employment law lawyer can:
Assess your position legally and estimate what is achievable.
Negotiate on your behalf and strongly substantiate your arguments.
Remove emotions from the conversation and keep everything professional.
Often secure a higher severance payment or better terms without going to court.
Practical Examples
Example 1: An employee received a VSO with only the transition payment. Thanks to legal negotiations, he received a payment of 5 months' salary plus a training budget.
Example 2: An employee with a non-compete clause could not accept a new job. With the help of a lawyer, the clause was partially lifted.
Example 3: An employee received a neutral reason for dismissal in the VSO after 15 years of service and a positive reference letter, enabling him to quickly find new employment.
Checklist: Negotiating a Settlement Agreement
Read the VSO carefully.
Determine your minimum and ideal outcome.
Negotiate on payment, end date, clauses, and extras.
Have a lawyer review the VSO before you sign.
Do not forget: you always have 14 days' reflection period.
FAQ on Negotiating a Settlement Agreement
1. Can I always negotiate a VSO?
Yes, virtually all elements are open to discussion.
2. How much severance can I request?
At least the transition payment, but often more is achievable depending on your situation.
3. Can I also get help with job applications or training?
Yes, you can negotiate outplacement or a training budget.
4. What if my employer refuses?
A lawyer can apply additional pressure. Sometimes a better offer still follows.
5. Do I have to pay for the lawyer myself?
Usually a reimbursement for legal costs is included in the VSO.
Why Arslan Advocaten?
Years of experience negotiating settlement agreements
Achieving higher payments and better terms
Personal guidance without immediately going to court
Transparent costs, often reimbursed by the employer