Legal advice: A settlement agreement
A teacher in primary education has a burnout and wants to leave her employer. She emails: my employer offers me a settlement agreement, what should I watch out for?
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In a settlement agreement, the employer and employee lay down the conditions under which they terminate an employment contract by mutual consent. With the correct content, a settlement agreement provides entitlement to unemployment benefits and unemployment benefits above the statutory minimum.
“With unemployment benefits, an employee is obliged to apply for a job and must be available for the labor market. After six months, all labor offered must be accepted. The advice is to contact the legal service of the AOb as soon as an employer discusses a settlement agreement, ”says Jacqueline van de Ruit, senior lawyer at the AOb.
Pay attention
Important elements that can be included in a settlement agreement are:
- The reason for dismissal is stated by default and is usually incapacity / unsuitability for the position. The agreement must state that the initiative lies with the employer. “Otherwise, you will resign yourself and the right to unemployment benefits will lapse”, the lawyer explains.
- The final settlement, agreements on payment of holiday allowance, year-end bonus and any outstanding holiday leave.
- The transition payment, which is not mandatory in a settlement agreement. “This severance payment is a point of negotiation,” says Van de Ruit.
- The end date, because in order to be eligible for a consecutive unemployment benefit in special education, the notice period must be observed. There is no notice period for public education.
- A positive certificate is important to find another job.
