Settlement agreement (vaststellingsovereenkomst): what expats must check before signing
Your WW, your payout and your residence permit all depend on what this document says.
Dutch employers rarely fire people outright. Unless both sides agree, dismissal needs permission from UWV or a court, so many employers instead offer a vaststellingsovereenkomst (VSO): an agreement to end your contract together. It is often presented as routine and handed over with a short deadline. It is neither.
For expats the stakes are higher than for Dutch colleagues, because the same signature can start the clock on your residence permit. Read this together with our guides on employee rights and losing your job on a visa.
Before you sign, in short
- You are not obliged to sign. Ask for time: 7 to 14 days to respond is normal.
- After signing you have 2 weeks to change your mind.
- There is no automatic transition payment, so negotiate one.
- Four phrases in the VSO protect your WW benefit.
- If you or your partner hold a residence permit, get advice first.
Table of contents
What a settlement agreement is
A VSO, also called a beëindigingsovereenkomst or ontslag met wederzijds goedvinden, is a written proposal from your employer to end your contract by mutual agreement. According to Juridisch Loket, you are not obliged to cooperate, and if you do not sign you simply stay employed.
Once you agree, it is binding for both sides. Agreement does not even need a signature: an email or WhatsApp message clearly accepting the VSO counts. From that moment you have 2 weeks to undo it, which is called herroepen.
Check the date next to your signature. The 2-week cooling-off period and the start of your WW are both counted from it. An earlier date shortens your cooling-off period and can leave you without income for a while.
Expats: your residence permit
Juridisch Loket lists a short set of situations in which you should not sign a VSO without help. Having a residence permit, or a partner with one, is on that list, next to being sick or being in debt restructuring.
The reason is the search period. According to the IND, a highly skilled migrant whose job ends has up to 3 months to find a new employer. If you became unemployed on or after 22 May 2026 and have held the permit for 2 years or more, that is up to 6 months. The search period can never run past the expiry date of your permit.
| Your situation | Search period |
|---|---|
| Highly skilled migrant, standard | Up to 3 months |
| Unemployed on or after 22 May 2026, permit held 2+ years | Up to 6 months |
| Permit expires sooner | Ends on the expiry date |
That makes the end date in the VSO a residence question as well as an employment one. Negotiating paid garden leave (vrijstelling van werk) keeps you employed, and on the payroll, while you search. Our guide to losing your job on a visa covers the other routes.
What the VSO must contain
Every agreement about your departure has to be in the document itself, because after signing it is the only thing that counts. Juridisch Loket names these elements:
The reason for the dismissal
Wording matters for WW, see the next section.
End date and notice period
The notice period from your contract or CAO, respected in full.
Holiday days and holiday pay
Unused days and the 8% holiday allowance, paid out.
Severance payment
A beëindigingsvergoeding, which you have to negotiate.
Non-compete clause
You can agree to remove it, so you can work for a competitor.
Garden leave
Vrijstelling van werk: no more work, salary continues.
Final discharge
Finale kwijting: neither side can claim anything afterwards.
Final settlement
Your employer must pay it within 1 month after the contract ends.
Keeping your right to WW
Signing a VSO does not cost you unemployment benefit, as long as the document says the right things. Juridisch Loket lists four conditions. You must also meet the normal WW conditions from UWV.
- The initiative for ending the contract came from your employer.
- There is no urgent reason (dringende reden) for summary dismissal.
- Your employer's notice period is stated and respected.
- You are not sick on the day you sign.
Temporary contract? Check that it allows early termination (tussentijds opzeggen). If it does not and you sign anyway, WW only starts after the original end date of your contract.
Negotiating the payout
With a VSO you have no legal right to the transition payment (transitievergoeding) you would get on dismissal. You can, however, agree a severance payment of at least that amount, and that is the usual starting point for negotiation.
According to Rijksoverheid, the transition payment is one third of a monthly salary for each full year of service from your first working day. From 1 January 2026 it is capped at €102,000 gross, or one gross annual salary if you earn more than that.
Example: 4 full years at €5,000 gross a month gives 4 × €5,000 ÷ 3 = €6,667 gross as the statutory baseline.
Negotiate only if your position is strong. Juridisch Loket warns that if your employer has a valid ground for dismissal, pushing too hard can lead them to withdraw the VSO and dismiss you through the normal route instead, which is often worse for you.
Getting it checked
Juridisch Loket recommends advice from your legal insurer or union before signing, or from a lawyer or mediator. You can ask your employer to pay for that advice, but they are not obliged to. A legal insurance policy bought now will not help, because the conflict has already started. Your options are below.
A lawyer on subscription, for a case already running
Legalec covers work and salary disputes, including dismissal, for a fixed monthly fee. Its Normal plan (€68.06 a month, 12-month term) takes on a conflict that is already running and gives you a fixed personal lawyer. There is no waiting period, so you can use it while the VSO is on the table.
See Legalec plansAffiliate link. No extra cost to you, keeps our expat guides free.
Free first advice
Juridisch Loket explains your position and whether you qualify for subsidised legal aid.
For next time
Work cover on a legal insurance policy starts at €10.97 a month. Compare insurers in our legal insurance guide, or see Univé vs Centraal Beheer, both with strong work cover.
Frequently asked questions
Do I have to sign a settlement agreement?
No. A vaststellingsovereenkomst (VSO) is a proposal to end your contract by mutual agreement. If you do not sign, you stay employed. If you do sign, it is binding on you and your employer, so take the time to check it first.
Can I change my mind after signing?
Yes, within 2 weeks. After you sign, or after you confirm your agreement by email or WhatsApp, you have 2 weeks to undo it (herroepen). The period starts on the signing date, so make sure the date next to your signature is the real one.
Do I get a transition payment with a settlement agreement?
Not automatically. The statutory transition payment applies to dismissal, not to a VSO. You can negotiate a severance payment of at least that amount. The statutory figure is one third of a monthly salary per full year of service, capped at €102,000 gross in 2026, or one annual salary if that is higher.
Will I still get WW unemployment benefit?
Usually yes, if the VSO states that your employer took the initiative, that there is no urgent reason for summary dismissal, and that the notice period is respected, and if you are not sick when you sign. WW starts after the notice period, counted from the signing date.
What if my residence permit depends on this job?
Get advice before you sign. Juridisch Loket specifically advises against signing a VSO without help if you or your partner has a residence permit. A highly skilled migrant gets up to 3 months to find a new sponsor, or up to 6 months if unemployed on or after 22 May 2026 after holding the permit for 2 years or more, but never beyond the permit's expiry date.
Who pays for a lawyer to check the VSO?
You can ask your employer to reimburse the cost, but they are not obliged to. Other routes are your legal insurer, a union if you are a member, Juridisch Loket for free advice, or a legal subscription such as Legalec, which handles work disputes including ones already under way.
Official sources
- • Juridisch Loket: what to check in a VSO, the 2-week cooling-off period and the WW conditions
- • Rijksoverheid: how the transition payment is calculated and the 2026 cap
- • IND: the search period for highly skilled migrants after a job ends