for expatriates who have received a settlement proposal
Termination agreement labour law
One of the ways to end the employment contract between employer and employee is the settlement agreement. In particular, our labour law advisers help employees and expatriates to negotiate the terms and conditions of settlement agreements. In most cases, we negotiate better conditions and higher compensation for dismissal. The costs of our work are in most cases reimbursed by the employer. Submit your dismissal proposal to us and we will inform you without obligation how we can help you.
The settlement agreement is a legally binding contract that waive individual’s rights to make a claim covered by the agreement to an employment tribunal. This termination agreement is often used to end the employment relationship on agreed terms. You should always be given a reasonable period of time by your employer to consider the proposed settlement agreement.
At this stage, you can discuss the termination agreement with a legal advisor. Our employment law specialist will be pleased to inform you about your rights. We can imagine that as an international you are not fully aware of your rights and obligations under Dutch labour law, we look after your interests and ensure that you will receive what you are entitled to.
In addition to the option of a settlement agreement, the employment contract can only be terminated by means of a dismissal permit from the uwv or by permission of the employment court. You can also terminate the employment contract yourself. If you terminate the contract yourself, you are not entitled to severance pay or unemployment benefit. It is important for us to negotiate a settlement agreement for you anyway, which will give you legal certainty.
If no mutual agreement is reached via a settlement agreement, the employer can also submit a request for termination of employment to the uwv or the district court. This is a very expensive procedure for employers, and the outcome is not certain. This enables us to negotiate better dismissal terms and conditions and also higher compensation fee through a settlement agreement.
The transition fee is a compensation that the employer is legally obliged to pay to you if he gets permission from the uwv or the subdistrict court to fire you. That is why you never have to accept a transition fee if a settlement agreement is offered to you.
You save the employer the costs of an expensive procedure. This is one reason why we believe that you are entitled to a higher severance compensation. In 9 out of 10 cases, and as long as the initiative for the termination lies with the employer, our legal advisor succeeds in negotiating a higher severance compensation.
Don’t just agree with the settlement agreement. The first termination proposal is often not to your favor. Because we are convinced of the benefit of our service, we offer to review the first proposal completely free of charge. We will inform you whether the termination proposal can be optimized and what we can do about it for you.
Leave no tax benefits unused, use Expat Service to optimise your taxes. We can file all type of tax returns, i.e. both private income tax returns and tax returns for entrepreneurs. We submit your tax returns digitally to the Dutch Tax Authorities (Belastingdienst) using the appropriate C form, M form or the regular P form.
We will inform you about all tax regulations, including the Dutch 30% rule, if you have any questions. The application of the 30% ruling for you or your staff will be completely taken out of your hands. We also solve the correction of mistakes in the application of the 30% ruling.