Legal advice: Check your declarations with the settlement agreement
After teacher Carolien has left her school with a settlement agreement, she is no longer allowed to declare a business trip made earlier. After all, according to this agreement, the employer and employee have settled everything with each other.
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Lawyers of the AOb often have to do with so-called settlement agreements. These are often closed when the employer and employee for one reason or another have come to the conclusion that it is better if both parties say goodbye to each other. The most common reason is dismissal because of disturbed relationships or changed circumstances. However, dismissal due to illness can also be arranged through a settlement agreement.
Alternative
A settlement agreement is a good alternative to dismissal by means of a dissolution procedure via the subdistrict court or via a dismissal permit from the UWV. The procedure is often less cumbersome, less expensive and, which is also very important for the employee, you know quite accurately where you stand while the result is exactly the same. A settlement agreement that is properly drawn up also has no consequences for a benefit.
Carolien, who turned to the legal service with a question about such a settlement agreement, was told that if she could agree to parting with her employer, this can also be arranged in her case by means of a settlement agreement, provided that certain requirements would be met.
discharge
One of those requirements is, for example, that the correct notice period is observed and that the employment does not end before that notice period (often: three months) has expired in full. Carolien also encountered in her settlement agreement that 'the parties mutually granted each other final discharge and that after signing the settlement agreement they would have nothing more to claim from each other'.
Travel expenses, overdue salary, damage caused by students to private property, etc., cannot be requested after signing
Carolien's legal representative drew her attention to the fact that this means that after concluding a settlement agreement, it is assumed that the parties have settled everything with each other. 'Think of travel expenses, arrears of salary, damage that students have caused to private property and everything else you could think of,' she urged Carolien. "You can't ask that after signing." Carolien understood and would sign the settlement agreement at the board office the following week.
Miscalculation
'All's well that ends well' thought our legal colleague. That turned out to be a miscalculation, because four weeks later, Carolien reported to her again. Despite the warning, she had forgotten that compensation for a business trip had to be paid. "Or the AOb could still help her to arrange that?”
Unfortunately, that turned out not to be the case. The employer took the position that the intention of the 'final discharge clause' was precisely to prevent these discussions. Caroline did not receive any compensation for the business trip.
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