What happens if, as an employee, you decide not to sign your VSO? A full explanation in 2025

If you do not sign your settlement agreement, nothing happens at all. Your employment contract simply continues as it did before. In short, it is not as if a settlement agreement was never on your desk. Specifically:

• Your employment contract remains in full force and effect and continues under the conditions set out therein

• Your employer must continue to pay your salary 

• You retain all your rights as an employee 

• You must remain available for work (unless you are ill) 

Many employees think they are obliged to sign a VSO. This is a misunderstanding. In fact, it is a two-way agreement in which both parties should feel heard.

You have the full right to refuse the VSO, and your employer cannot force you to do so. 

We speak to people every week who we advise to refuse their employer's initial offer. Simply because the terms contained in their VSO do not do justice to their situation. This has given us a good idea of responses your employer is likely to give.

After your refusal, your employer may show different responses: 

1. Surprise and disappointment: your employer indicates that they thought they could work things out together. Your employer is surprised and disappointed that this is not the case. 
2. New negotiations: your employer says it is coming up with a new offer and asks you which conditions are important to you.
3. Threatening procedures: your employer threatens all kinds of proceedings that will be started if you do not sign your settlement agreement. For example, at the UWV or the subdistrict court. Note: for an employer, there are many snags here. Often, your employer also benefits from signing an agreement with you.
4. Time pressure: your employer indicates that despite not signing, you only have a short time to still sign. Otherwise, the offer will lapse. 

So if you do not sign the VSO, legally nothing changes in your employment relationship. This has important implications: 

• Wage payment: Your employer must continue to pay your full salary 

• Duty to work: You have to keep yourself available for work 

• Accrual of rights: You continue to accrue holidays and pension 

• Protection: You are still enjoying dismissal protection 

Your employer now has two choices: 

1. Continuing the employment relationship: you just continue to work together 
2. Starting formal dismissal proceedings: via UWV or subdistrict court, depending on the grounds for dismissal invoked by your employer
3. Making a new proposal for a settlement agreement: this is most common, as a continuation of the employment relationship is often not an option and a formal dismissal procedure is lengthy and costly for your employer.

Actually, in our legal practice, we see that there are roughly 6 scenarios that happen after refusal of a settlement agreement. We take a closer look at these scenarios.

Your employer often comes back with better terms. This may include: 

• Higher severance pay 

• A longer notice period 

• Better agreements on attestation 

• Training budget to further train yourself for a position elsewhere

• Release from work with pay 

Your employer applies to the UWV for a dismissal permit. This happens at: 

• Business reasons 

• Long-term disability (2+ years) 

The UWV process takes 4-7 weeks on average. Does the UWV indicate that the dismissal was justified? Then you are only entitled to the statutory transition allowance. 

For other grounds for dismissal, your employer must go to the subdistrict court. Consider: 

• Dysfunction

• Disturbed employment relationship

• Culpable actions

This is expensive and time-consuming for employers. They need a strong dossier. 

Sometimes the employer decides not to proceed with the dismissal. This mainly happens if: 

• The ground for dismissal is weak

• You are hard to replace

• The cost of dismissal is too high

In some cases, as an employee, you should also ask yourself whether a VSO is not a better idea if the alternative is continued employment. In many cases, there are problems in the employment relationship and it may be a better idea for you to part ways.

The employment relationship continues to deteriorate. This can lead to: 

• Mutual frustration

• Reduced productivity

• Eventually dismissed anyway (but via a more expensive route)

Sometimes parties engage a neutral third party to reach a solution. In some cases, this can be a godsend for both parties. 

We have found that there are some specific situations where it is smart not to sign anyway: 

Never sign during illness without legal advice. Reasons: 

• You have strong dismissal protection.

• You can get into trouble with the UWV with benefits you were otherwise entitled to.

• Your bargaining position is strong as you currently have dismissal protection for a period of up to 2 years before you are formally eligible for dismissal proceedings at the UWV.

You enjoy absolute dismissal protection. If you are in this situation and still want to choose to sign a VSO, you can use this position to negotiate better terms. 

Always check whether the VSO meets UWV requirements: 

• Initiative must come from employer

• There is no culpability included in your VSO

• The notional notice period has been respected

• There is no pressing reason

By default, you are entitled to at least the transitional compensation. If you are offered less, not signing is often smart. Clarity within 2 minutes? Calculate your severance pay. 

Reflection period of less than a week is unacceptable. A good employer will give you 1-2 weeks. The cooling-off period should also be clearly stated in the settlement agreement.

When in doubt, we recommend: do not sign. Get your settlement agreement checked by our lawyers for free. You can always agree later, but reversing it is difficult. 

While not signing immediately is advisable in many cases, there are also some risks to consider. Consider:

• You may get a lower compensation: Does your employer still choose the route via the UWV? And does the UWV indicate that your dismissal was justified? Then you are only entitled to transitional compensation.

• No extras: in an official dismissal procedure, you are not entitled to, say, a training budget or coaching.

• Litigation costs: Do you lose your case in the subdistrict court and was the dismissal found to be justified? Then you might pay costs for using your own lawyer.

• Stress due to uncertainty: pprocedures often take months. These are months when you also just have to come to work.

• Deteriorated work atmosphere: you see each other both in the workplace and in court. This often leads to a bad working atmosphere.

• Mental pressure: van procedures and conflicts.

• Time investment - Procedures take a lot of time 

• No quick clarity - Uncertainty about future 

• Limited control - Judge/UWV decides 

When in doubt about drawing, use these proven tactics: 

A minimum of 2 weeks is reasonable and even required by law. Make this clear to your employer with the following statements, preferably in black and white: 

• "I want to consider this carefully" 

• "I need to seek legal advice" 

• "This has had a big impact on my life" 

Engage us for a free check. We see immediately: 

• Whether your VSO is WW-proof 

• What improvements are possible 

• What your bargaining space is 

Document everything via email: 

• Confirm verbal agreements 

• Ask questions on paper 

• Build a file 

Examine what your position is worth: 

• How strong is the ground for dismissal? 

• Are you hard to replace? 

• What are the costs of proceedings for employer?