Should I refuse a Dutch settlement agreement?

Signing closes the file; refusing is not a ground for dismissal — the employer must still go through UWV or the subdistrict court.

VSO versus UWV dismissal or court

Signing closes the file; refusing is not a ground for dismissal — the employer must still go through UWV or the subdistrict court.

What happens if I do not sign the vaststellingsovereenkomst?

Signing closes the file; refusing is not a ground for dismissal — the employer must still go through UWV or the subdistrict court.

Sign the settlement or go to the kantonrechter?

Signing closes the file; refusing is not a ground for dismissal — the employer must still go through UWV or the subdistrict court.

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Refusing a Dutch settlement agreement: can my employer fire me anyway, and is fighting smarter?

EmploymentLegislation verified on 2026-09-14Ook in het Nederlands

A VSO is one of three roads. The others are dismissal through UWV (business reasons or long-term incapacity) and dissolution by the subdistrict court. Refusing is not “doing nothing”: the employer must then take one of those routes, or keep you employed.

If I refuse to sign, can my employer fire me?

Not with your missing signature as the reason. A vaststellingsovereenkomst needs written employee consent (art. 7:670b(1) BW). No signature means no mutual termination.

The employer can still try UWV or the kantonrechter (art. 7:671b BW). Those routes have their own test. They are not “firing you anyway” on the spot. Instant dismissal for refusing a VSO is not urgent cause (art. 7:677 BW); that kind of ending can be voided and may lead to fair compensation (art. 7:681(1)(a) BW). Dismissal bans, including during sick leave, stay in place until a lawful route succeeds.

Is it smarter to sign or fight?

Signing buys an end date and a sum without a hearing. If the draft is right: WW, the transition payment, and no gap from the notional notice period. You give away the dismissal ban and usually sign a full release.

Fighting means UWV tests the ground (a refusal leaves you employed; a grant is a notice dismissal with the statutory transition payment, not a negotiated top-up) or the court dissolves, refuses, or adds fair compensation if the employer acted in a seriously culpable way. Procedures take weeks to months. Wages usually continue until the decision.

Fighting weighs more when you are ill, the payment is below art. 7:673 BW, there is no real ground, or the non-compete still blocks the next job. Signing still fits when the ground is clear, the sum is at or above the floor, the WW sentence is right, and you want certainty soon — after a review, with the cooling-off period in mind.

Consequences of refusal

You stay employed until a lawful dismissal or a later VSO. You keep sick-pay and dismissal-ban protection that a signature would have waived. You do not get the negotiated extra that was only on the table if you signed. The employer may come back with a better draft — or start UWV or court, where you will be heard.