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(Legal) reflection period?

With the legal reflection period, you can go back on your agreement within 14 (sometimes 21) days

Reflection period in settlement agreement

3 minuten mr. Mariëlle Ducaat arbeidsrecht voor werkgevers 31 januari 2023 2025

Since 2015, a reflection period has been laid down in the law. This reflection period protects employees against coercion and frivolity when signing a settlement agreement. The employer is legally obliged to point out this reflection period of 2 weeks to the employee.

The reflection period:

Employee has the right under article 7:670b paragraph 2 of the Civil Code to dissolve this settlement agreement within fourteen days after the date of agreement by a written statement addressed to employer. Employer has pointed this out to employee

By including the above provision in the settlement agreement, the employer points out to the employee that he has two weeks to destroy the agreement, without giving reasons(!). As an employee, you can easily get rid of the settlement agreement within these 2 weeks (by dissolving it). If you dissolve the settlement agreement, there is thus no dismissal by mutual consent and the employment thus continues.

The employer is obliged to point out this reflection period to the employee. If the employer "forgets" this, then the reflection period even becomes 3 weeks. There is thus always a reflection period. The reflection period is a legal right and cannot be excluded in the settlement agreement. The employee's reflection period is comparable to the right to go back on the consent to the termination of the employment contract.

Difference termination with consent and termination agreement?

An important difference between the consent to a termination and the termination agreement (being a settlement agreement) is that in the termination with consent, the employer unilaterally terminates the employment contract with an employee. Important consequence of that is that the employer then owes a transit compensation. In the termination agreement (being settlement agreement), there is no unilateral termination by the employer but the employment contract is terminated by the employer and employee together by mutual consent. Strictly speaking, the employer then owes no transit compensation. However, in practice, also in settlement agreements, the transit compensation is almost always taken as minimal starting point. Why? Our jurists gladly explain that further to you in a personal conversation. Depending on the specific situation, it is ultimately up to you as employer and/or employee, together with a knowledgeable jurist, to discuss and assess what would be a suitable and acceptable proposal. Ultimately, a settlement agreement is always custom-made. It is therefore important to seek good advice on this.

Make use of your reflection period!

For employees who have already signed a settlement agreement (without legal assistance) but regret this afterwards, the reflection period can offer a solution. If you change your mind within the period, you are still in time to destroy the settlement agreement. Note: if the employer has not pointed out your reflection period in the settlement agreement, then you have three weeks instead of two weeks to go back on your decision. The reflection period is not there for nothing, definitely take advantage of it.

mr. M.S. Ducaat

mr. M.S. (Mariëlle) Ducaat


Jurist arbeids- en ontslagrecht

Mariëlle adviseert en procedeert namens zowel werkgever als werknemer bij arbeidsrecht gerelateerde onderwerpen. Hierbij kunt u denken aan ontslag (al dan niet middels een vaststellingsovereenkomst) maar ook disfunctioneren en ziekte. Mariëlle maakt zich graag hard voor uw belang. Bij vragen en/of opmerkingen kunt u haar bereiken via ducaat@wolderwijd-juristen.nl of 036 522 7007.

Meer van mr. M.S. Ducaat over arbeidsrecht voor werkgevers:

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