Erik has been working as a self-employed chef for over 10 years. After a conflict with his new employer, he is presented with a settlement agreement. In the moment, he signs it, but soon doubt sets in: should he have done this?
What did De Horecabond do?
Erik contacted De Horecabond. One of our legal experts took on Erik's case. Because he is a member, he could rely on legal help and support.
One of our legal experts reviewed his settlement agreement. It turned out that the employer had not taken the notice period into account and that the statutory reflection period was not included.
According to the law, after signing a settlement agreement, you always have a reflection period. Usually, this is 14 days. Is this not stated in the agreement? Then you even have three weeks to reverse your decision.
The legal expert saw that the agreement was disadvantageous for Erik. Therefore, we cancelled it within the reflection period. We informed the employer that Erik is exercising his right to reverse the agreement.
The result: Erik remained employed.
Afterwards, we renegotiated with the employer. With agreements on the notice period, exemption from work, annual leave, and compensation. Eventually, both parties reached a new, better settlement agreement.
- Never sign a settlement agreement before a legal expert has reviewed it!
- Check if there is a provision regarding the reflection period.
- Make sure you invoke this provision in time. It starts from the date the settlement agreement is ‘concluded’. This does not have to be the signing date!
- You can only invoke the reflection period once.