Wat zijn mijn rechten bij ontslag?

Bij ontslag heeft u mogelijk recht op een transitievergoeding, een correcte opzegtermijn en in sommige gevallen een billijke vergoeding. Teken nooit zomaar een vaststellingsovereenkomst zonder juridisch advies.

Kan mijn werkgever mij zomaar ontslaan?

Nee, uw werkgever moet een geldige reden hebben en de juiste procedure volgen. Bij een vast contract is toestemming van het UWV of de kantonrechter vereist, tenzij u instemt met een vaststellingsovereenkomst.

Settlement Agreement & Unemployment Benefits

A frequently asked question from employees who receive a settlement agreement (VSO) is: “Am I entitled to unemployment benefits if I sign?” The answer is: yes, provided the agreement has been drawn up correctly. Unfortunately, things often go wrong, causing employees to (temporarily) lose their benefits.

In this article we explain how to safeguard your unemployment rights, which mistakes are often made and how a lawyer ensures that you do not run into problems with the UWV.

How does the unemployment benefit work with a settlement agreement?

The WW (Unemployment Act) offers benefits if you become unemployed due to circumstances beyond your control. With a settlement agreement, it is important that the conditions are formulated in such a way that the UWV accepts your situation as lawful dismissal.

Can loss of income and pension damage occur when receiving unemployment benefits?

As soon as you start receiving unemployment benefits, things will change financially. You will not receive your full salary, but a percentage of your last earned salary. In the first two months, the unemployment benefit is 75% of your monthly unemployment wage. After this period this drops to 70%. This means that your income will be considerably lower than you were used to. In addition, you do not accrue a pension during your unemployment benefit. This may affect your final pension in the long term, because you do not pay any pension contributions during the unemployed period. For many people, this is an additional reason to pay close attention to the amount of the termination payment when making agreements with the employer. In this way you may be able to (partially) compensate for the loss of income and pension damage that may occur during unemployment benefits.

How high is the unemployment benefit compared to your last earned wage?

The amount of the unemployment benefit is not equal to the full salary that you were used to receiving. In the first two months you will receive 75% of the gross monthly wage to which you are entitled under the WW. After this period the percentage drops to 70%. In addition, keep in mind that you do not accrue a pension during the unemployment period. In this way, the unemployment benefit forms a safety net, but your income will be lower than when you were still employed.

Conditions for unemployment benefits with a VSO

The UWV applies three main conditions:

No culpable dismissal
- The VSO may not state that the dismissal is your fault.
- Formulate the reason neutrally, for example:
  - “Termination by mutual agreement”
  - “Business reasons”
  - “Reorganization”
- It is also important that the initiative for dismissal lies with the employer and not with you as an employee. If you take the initiative to leave yourself, you are not entitled to unemployment benefits.”
Correct notice period
- The employer must observe the statutory notice period.
- If the end date is too early, the UWV sees this as “dismissal at the employee's request” → no unemployment benefit.
- Please note: the notice period in the settlement agreement must be the same as the period that applies to normal termination. Only then will the termination immediately follow any unemployment benefit. If an incorrect or too short notice period is used, the UWV may consider this as an interruption. The result? Your unemployment benefit will only start one, two or even three months after you have received your last salary. This can cause serious financial problems. Please also note that the maximum statutory notice period is four months, unless your employment contract or collective labor agreement states otherwise.
  Can the notice period deviate due to agreements in the employment contract or CAO?
  Yes, you can. Although the law provides a maximum notice period of four months as standard, you can include in your employment contract or collective agreement (collective employment contract) agree on a different notice period. Does your contract or collective agreement for example stipulate a longer (or shorter) notice period? Then that agreement applies—as long as it complies with the legal rules. Always pay close attention to which term applies to your personal situation. This way you avoid unpleasant surprises when applying for your WW benefit.
No urgent reason
- You will not receive unemployment benefits in the event of summary dismissal or seriously culpable behavior.
- Make sure the VSO rules this out.

Practical examples

Example 1: An employee received a VSO stating that the dismissal took place “due to poor performance”. The UWV ruled that this was culpable and refused unemployment benefits. After legal correction, he was still given a neutral reason and access to WW.
Example 2: An employee was given an end date that was one month early. As a result, he missed out on one month of unemployment benefits. This was adjusted with the help of a lawyer.
Example 3: A VSO did not contain a clear reason. The UWV asked for an explanation and threatened to refuse the benefit. Thanks to a correctly formulated additional statement, the problem was resolved.

Checklist: Securing unemployment benefits with a VSO

📄 Provide a neutral reason for dismissal (never “culpable behavior”).
📅 Check whether the legal notice period has been applied correctly.
📝 Check whether there are any errors or ambiguities in the text.
⚖️ Always have the VSO assessed by a lawyer.
🕑 Don't forget your 14 days reflection period.

Note: this is how you prevent problems with your unemployment benefit It may seem obvious, but the settlement agreement (VSO) must be really clear that the dismissal is at the initiative of the employer and that there is no culpable behavior. Is this not bright enough in the VSO? Then the UWV can refuse your unemployment benefit and you will be left without income. The notice period is also crucial. This must be the same period as for a normal termination: only then will your unemployment benefit start immediately after your last working day. Is the term too short or incorrect? Then your benefit may only start one, two or even three months later. That often causes serious problems. Practical tip: The maximum statutory notice period is four months, but always check whether there are other agreements in your contract or collective labor agreement. Deviations are only allowed if this has been properly recorded in the contract. With this checklist and explanation you can avoid nasty surprises and be sure that your rights are properly arranged.

When can you have your VSO checked for free?

Want to check a settlement agreement for free? This is possible in a surprising number of situations. For example, consider situations in which you:

About to sign a VSO, but have doubts about the terms.
Are you worried about whether you will soon be entitled to unemployment benefits.
I would like someone with legal knowledge to take a look, so that you don't regret it afterwards.
Sees that there are unclear or vague provisions in the agreement.

You can often take advantage of a free check-up if your employer agrees that the costs will be passed on to him - many employers reserve a budget for this in the VSO itself. Also trade unions such as FNV or CNV, and some legal aid providers such as DAS or ARAG, offer free checks for their members. In short: as soon as you receive the VSO for signing and have any questions or concerns, it is smart to seek legal advice. This way you avoid surprises and you can be sure that your rights are properly protected.

Frequently asked questions (FAQ)

1. Will I receive unemployment benefits after signing a VSO?
Yes, provided the agreement has been drawn up correctly and the reason for dismissal is neutral.

2. What if my employer includes “dysfunction” as a reason?
Then you run the risk that the UWV will refuse your unemployment benefit. Always have this changed.

3. How long will it take before I receive unemployment benefits?
After the notice period has expired, you can apply for unemployment benefits. This is done digitally at the UWV.

Please note: it is important that your settlement agreement (vso) is properly drafted in order to be immediately entitled to unemployment benefits. The reason for dismissal must be formulated neutrally—so not attributable to you as an employee—and the initiative for dismissal must clearly lie with the employer. If this is not clearly stated in your VSO, the UWV can refuse your benefits and you suddenly find yourself without income. In addition, the correct notice period is crucial. The notice period in the VSO must correspond to the period that normally applies to dismissal. If it is too short or too long, your unemployment benefit may start later—sometimes only months after your last salary has been paid. You naturally want to avoid such a period without income. In short: check carefully whether the settlement agreement is correct and whether the correct notice period has been observed. This way you avoid unpleasant surprises and you can immediately apply for unemployment benefits after the notice period has expired.

4. Do I have to be available for work during the notice period?
Yes, unless you have agreed to an exemption from work.

5. Can I combine unemployment benefits with severance pay?
Yes, a transition payment or additional severance pay is separate from unemployment benefits.

When are you entitled to a higher transition payment?

A You can expect a higher transition compensation in the following situations:

Long employment: If you have worked for the same company for many years, the compensation is often higher due to the accrual per year of service.
Negotiation: Sometimes you can achieve an extra high compensation through negotiation, especially if your employer wants to get rid of the situation quickly.
Different agreements: Additional agreements can be recorded in the settlement agreement, on top of the statutory minimum compensation.

Are you unsure whether you qualify for a higher reimbursement? Always be well informed before you agree.

How can you compensate for loss of income with unemployment benefits?

If you receive unemployment benefits, you will not be paid your full last-earned salary. In the first two months you receive 75% of your unemployment benefit monthly wage, after which this percentage drops to 70%. Moreover, you do not accrue a pension during your unemployment period, which may have consequences for later. To limit the loss of income, you can consider agreeing with your employer on a higher severance payment than just the statutory transition payment. This extra amount can be used to bridge the difference in income during your unemployment benefit period or to supplement your pension yourself. Always discuss these options before agreeing to a settlement agreement, so that you are not faced with any surprises. 6. Will my pension be accrued during unemployment? No, your pension accrual will not continue during the period that you receive unemployment benefits. This means that you do not build up any additional pension rights during the time that you are in receipt of unemployment benefits. This may have consequences for the amount of your final pension.

Common mistakes at WW and VSO

No neutral reason in the agreement → risk of refusal of WW.
Incorrect end date → loss of months of unemployment benefit.
Resign yourself without VSO → no right to benefits.
Do not have a legal check done → only discover problems at UWV.

Why Arslan Lawyers?

Check that your WW rights are secure
Often get higher compensation and better conditions from your VSO
Negotiate on your behalf without directly litigating
Costs are often recovered from the employer

Practical example: how we helped

An employee signed a VSO stating the reason as “inadequate performance”. The UWV refused unemployment benefits. With our help, a supplementary agreement was drawn up with the correct wording (“in good consultation”), after which the employee still received benefits and retained his severance pay.

Settlement Agreement and Unemployment Benefits: Avoid Problems