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Final discharge in a settlement agreement

3 minuten mr. Jeroen Kaspers kantoor 17 maart 2020 2026

Many employees are startled by the words final discharge. This while they often do not know exactly what 'against final discharge' entails. Final discharge means that both parties have nothing more to claim from each other mutually. So after both parties have complied with the arrangements from the settlement agreement, one has nothing more to claim from the other. It is as if a legal line is drawn under the case and parties leave it at that. In general, final discharge is also truly final, but that does not always have to be the case.

Final discharge:

Between parties, everything has been discussed and negotiated and there are no further subjects that parties, whether or not brought forward in the negotiations by one of them, wish to leave outside this agreement. All this means that parties grant each other final discharge, except for the fulfillment of the rights and obligations described above.

As an example, we take a study costs clause. If the employer does not make this discussable and closes the agreement while keeping this subject under the table, then the claim to it (in principle) lapses. The employer cannot first negotiate and reach an agreement with an employee to then (after agreement) come back to it. The settlement agreement is final and cannot be returned to, except for the legal reflection period for employee. Parties close the book as it were and move on.

In principle, a final discharge is positive but an employee can cut himself badly in the fingers. Therefore, seek good advice on a settlement agreement and the consequences of the final discharge.

mr. J.A. Kaspers

mr. J.A. (Jeroen) Kaspers


Jurist en Mediator

Jeroen is specialist ontslag en arbeidsrecht. Met succes onderhandelt Jeroen bij vaststellingsovereenkomsten of disfunctioneren. Komt u er niet uit? Raadpleeg Jeroen via kaspers@wolderwijd-juristen.nl of 036 522 7007.

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