Cooling-off period after a settlement agreement
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Do not wait until the last day. Rescind in writing and make sure you can prove sending and receipt.
Detailed explanation, checklist and sources
After signing, you can usually withdraw from the termination agreement without giving a reason within fourteen days. If the cooling-off period is not stated in writing, the period is usually 21 days.
General information about Dutch law · Review date not recorded · How we work
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When does the period begin?
The statutory cooling-off period begins after the date on which the agreement was concluded. Check the signing dates and the wording in the agreement. If there is a dispute about the exact starting point, a prompt assessment is advisable.
How do you use the cooling-off period?
State in writing and unambiguously that you are rescinding the termination agreement. You do not need to give substantive reasons. Keep the sent email or registered letter and an acknowledgement of receipt.
Can the cooling-off period be used again?
After rescission, the arrangement cannot be used again without limitation. A restriction may apply to a new termination agreement within a short period. Therefore, have a second proposal reviewed before signing.
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Signing date of both parties
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- Signing date of both parties
- Provision stating the cooling-off period
- Last day of the period
- Written proof of rescission
- Consequences for salary, employment and unemployment benefits
Frequently asked questions
Do I have to explain why I am rescinding?
No, in principle you do not have to give a reason within the statutory cooling-off period.
Is oral cancellation sufficient?
Use written rescission. This mainly prevents an evidential problem.