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Settlement agreement and UI-benefit

3 minuten mr. Mariëlle Ducaat arbeidsrecht voor werkgevers 18 januari 2022 2025

''By signing this agreement, employee explicitly declares that if employee is granted or not granted a benefit under the Social Insurance Laws or if a penalty discount is applied, or the benefit is suspended, this brings no change to this settlement agreement.''

By far the most important question from employees who have received a settlement agreement is whether they can claim a UI-benefit with the settlement agreement. This is a valid question because signing a settlement agreement usually terminates the employment relationship in the relatively short term. Thus also the salary payments. To not immediately end up on the street without any form of income, the most important thing for most employees is whether or not they qualify for a UI-benefit. When an employee then reads the above (common) provision in the settlement agreement, that certainly does not give courage. Why does this provision (or a provision of similar purport) still appear so often in settlement agreements?

The fact that an employee must declare that getting or not getting a benefit makes no difference to the value of the settlement agreement often makes employees uncertain about whether or not to sign. If the settlement agreement also states that the employer in no way guarantees that the employee can claim a UI-benefit (wasn't that what the settlement agreement was precisely for?!), the uncertainty for the employee is complete. Yet the provision (from the employer's perspective) is understandable. After all, it is not the employer who decides whether or not an employee qualifies for a UI-benefit. That is the UWV. It is also good for the employee's awareness that this provision is included in a settlement agreement. An employee who reads this will -if all is well- think twice before signing the agreement. Think before you begin is the advice!

The UWV will check based on applicable policy rules whether an employee qualifies for a UI-benefit. The way a settlement agreement is drafted is an important starting point for the UWV's decision. Our jurists know the UWV's policy rules and thus know well what to look for to assess whether an employee could qualify for a UI-benefit with the offered settlement agreement. As an employee, you are therefore always wise to have your settlement agreement checked. Precisely to safeguard your possible claim to a UI-benefit as well as possible in the settlement agreement. Have you received a settlement agreement and are you curious whether your UI-position is well safeguarded therein? Then contact one of our jurists. They will gladly give you the certainty you are looking for.

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.

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