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Cooling-off period for a Dutch settlement agreement: how to revoke in writing

EmploymentLegislation verified on Ook in het Nederlands

Signing a vaststellingsovereenkomst (VSO) does not lock you in on the spot. Art. 7:670b(2) BW gives the employee a cooling-off period: you may revoke the agreement without giving reasons.

How long is the cooling-off period?

  • 14 days from conclusion, if the cooling-off right is stated in the VSO.
  • Three weeks (21 days) if that right is not in the document (art. 7:670b(3) BW).
  • The period is mandatory. A clause that shortens or waives it has no effect.
  • Signing a new VSO within six months generally does not revive the right (art. 7:670b(4) BW).

I already signed a new contract — can I still revoke?

Two different “new contracts”:

  • A second VSO with the same employer, signed within six months of the first: the cooling-off right generally does not revive (art. 7:670b(4) BW). You cannot stack cooling-off windows by re-signing.
  • A new employment contract with another employer: that does not by itself kill the cooling-off on the VSO you just signed. You can still revoke the VSO in writing inside the 14 or 21 days. After a valid revocation the old employment continues as if no VSO had been signed — which may collide with the new job. Get that conflict checked before you revoke.

Revocation is not the same as voiding the deal for mistake or duress (art. 6:228 BW, art. 3:44 BW). That route stays open after the cooling-off period, but only if there is a defect of consent.

How to revoke in writing

In writing, to the employer, inside the period. Email with a read receipt is common; a registered letter is safer if there may be a dispute. After a valid revocation the employment contract continues as if no VSO had been signed.

What does getting help within the cooling-off cost?

You do not have to pay a lawyer out of pocket to use the 14 or 21 days. A free review is the usual route: a union, legal-expenses insurance, Juridisch Loket for a first pass, or a firm that invoices the employer. Use the window. If you are on sick leave, read signing a settlement while ill first.