A settlement agreement (VSO) governs the termination of your employment by mutual consent. One of the most important elements is the notice period. Yet this is often overlooked, while errors can have major consequences for your unemployment benefits and your income.
In this article, we explain what the notice period is, why it is so important in a VSO and what you should look out for before signing.
What is the notice period?
The notice period is the period that legally applies between the moment of dismissal and the official end date of your employment contract.
For the employer, the notice period depends on the length of your employment.
For the employee, the notice period is usually one month, unless otherwise agreed.
Statutory notice periods for employers:
0 - 5 years of employment: 1 month
5 - 10 years of employment: 2 months
10 - 15 years of employment: 3 months
15+ years of employment: 4 months
Why is the notice period important in a VSO?
The UWV uses the statutory notice period to determine when you are entitled to unemployment benefits. If your VSO contains a notice period that is too short, this may mean that you do not receive unemployment benefits for one or more months.
Example: You have 8 years of employment. The notice period is 2 months. If your VSO states an end date that is only 1 month away, you will not receive unemployment benefits until the correct notice period has elapsed. You therefore miss one month of benefits.
Common mistakes
Notice period too short
Resulting in a period without salary and without benefits.Not taking collective labour agreement provisions into account
Some collective labour agreements have different notice periods.Not checking the start date of unemployment benefits
The UWV always looks at the statutory period, not what is stated in the VSO.
Practical examples
Example 1: An employee signed a VSO with an end date that was 1 month too early. The UWV refused unemployment benefits for that month. With an amended VSO, this was resolved.
Example 2: An employee was subject to a collective labour agreement that prescribed a longer notice period. Without correction, he would have missed 2 months of unemployment benefits.
Example 3: Through negotiations, an employee received an additional monthly salary on top of the transition payment to compensate for the gap caused by the notice period.
Checklist: notice period in a VSO
Check the length of your employment and the corresponding notice period.
Check whether the end date in the VSO is correctly calculated.
Check whether collective labour agreement provisions apply.
Negotiate compensation if the end date is incorrect.
Always have your VSO legally checked.
Frequently asked questions (FAQ)
1. What happens if my notice period is incorrectly stated in the VSO?
The UWV may temporarily refuse your unemployment benefits.
2. Can I receive compensation for an error in the notice period?
Yes, an additional payment or salary can often be agreed.
3. Does my collective labour agreement notice period also apply to a VSO?
Yes, collective labour agreement provisions take precedence over the law.
4. Can I lose unemployment benefits due to an incorrect end date?
Yes, this happens frequently. Always have your VSO checked.
5. Can a lawyer help with this?
Yes, a lawyer can calculate which date is correct and negotiate compensation.
Why Arslan Advocaten?
Ensuring that your VSO is legally correct
Ensuring you do not miss out on unemployment benefits due to an incorrect notice period
Negotiating compensation when your employer wants to rush
Experienced in collective labour agreement and contractual notice period matters
Conclusion
The notice period is a crucial element of a settlement agreement. An incorrect calculation can cost you months of unemployment benefits. Therefore, always have your VSO checked and negotiate where necessary for a correct end date or compensation.