If your employer to dismiss you agree , there has been termination of employment by mutual consent. Often, this intention is disposed in the resetting – / termination agreement.
When you agree with your employer about the termination of the current employment contract, a written agreement is drawn up in which the conditions for the termination are included. This regulates matters such as agreements about working for competitors , taking over a lease car or company property from the company and / or holidays . The most important are the agreements about receiving any compensation, since the right to a transition payment will lapse. You then negotiate with your employer about a possible severance payment.
Points to watch out for
Your employer may not simply present you with a termination agreement and have it signed. It must be clear through a clear statement that you agree with the termination of the employment. The settlement agreement must also show that there is no urgent reason for dismissal and that you have not acted culpably. It must also contain a statement that you are not ill and that the notice period has been observed.
One of the most important rights you have is the right to a 14-day cooling-off period. You may dissolve the settlement agreement during this period without giving any reason for this. If your employer has not explicitly stated this term, this term will even be 3 weeks.
If you want to retain the right to unemployment benefits, it is important that you include in the settlement agreement that your employer takes the initiative to terminate the employment.
Make sure that you record the settlement agreement on paper and have it signed by both you and your employer.
Legal assistance
Always have the settlement agreement read by an employment law specialist. This way you avoid unpleasant surprises with, for example, the right to unemployment benefits.
The lawyers of Arslan Lit Advocaten have extensive experience in handling employment law cases on behalf of employers. For questions about what Arslan Lit Advocaten can do for you, please email us ( info@arslanlitadvocaten.nl ) or call us on 020 223 24 66. We are happy to assist you.
