Written by Stichting Burnout on 3 November 2020 in blog English

Burn out and VSO = settlement agreement

In case of burnout, never sign a settlement agreement unless you receive more than 100.000 euro! (because the employer on average saves over 200.000 euro by avoiding bezava, leaving the company sick,

Also look up http://vaststellingsoverenkomst.nl

Here the reasons why.

  • As a sick employee you are perfectly protected by the law. Prove your burnout asap using the tests of the NVAB BHG guideline for burnout, and fill out a BBTI with us. Get a burnout diagnosis in writing: https://burnout.nl/burn-out-help-for-english-speakers-expats-netherlands/getting-a-burnout-diagnosis-writing/
  • Then you have the choice: reintegration first track (back to company, AFTER burnout recovery coaching) or second track (=after burnout recovery, outplacement). You do not have to make a choice immediately, that choice can also be made during the burnout recovery process that you follow – for example with us.
  • If employer and employee ‘can drink each other’s blood’, recovery will in any case become second track. This is the case with 80% of burnouts
  • If you sign a settlement agreement, you will lose your right to unemployment benefits AND all your liability rights to the fact that you ARE burned out (in case of burnout, the employer is liable; there is money reversed burden of proof, just google it).

WW lost: https://www.arbeidschter.nl/wwz-vaststellingscontract-einde-arbeidscontract-in-overleg

Example settlement agreement

Here is an example ‘termination agreement’ made by employers. There is a subtle legal difference between termination agreement and settlement agreement.

Example termination agreement .doc eg termination agreement return.

Remember:

  • In the event of illness, a settlement agreement is prohibited: in that case your unemployment benefit entitlement expires, and all right to reintegration, and the rights to reintegration attempts to be paid by the employer also expire. 
  • without illness, an average of 12,000 euros is given, see this quote from the magazine HR Rendement: click pdf hr return June 6, 2017 avg 12,000 euros. In our opinion this should be 100.000 euros, given the bezava the employer avoids
  • but you could easily ask for 200,000 euros, here are costs employer bezava, winnock: https://www.winnock.nl/bezava-hier-moet-als-werkgever-op-letten/. With this you could pay for your own unemployment benefit and burnout recovery process.

How much unemployment benefits are you entitled to?

Do months x gross unemployment benefit per year PLUS costs of repair… .. you must at least request this as compensation when you sign a settlement agreement.

How much does it save your employer?

Your employer usually doesn’t know much about burnout recovery and is afraid it will never go away. That is why he counts on a ‘sick leave’, which has given him a bezava since 2014 (seehttp://bezava.com) Costs TWO to EIGHT tons per sick leave employee!

To pay your employer 2-8 tons extra bezava whk (work resumption cash) premium, you can ask for 1 ton gross, right? Evasion of Bezava saves the employer 282,500 euros, see here:https://www.winnock.nl/bezava-hier-moet-als-werkgever-op-letten/

So ask for at least 282,500 euros and share the Winnock link with employer! Does the employer not want to? Then threaten to send a written burnout diagnosis to the UWV:https://burnout.nl/bedrijfsarts-erkent-burn-out-niet/hoe-een-burnout-diagnose-op-schrift-te-krijgen/

Therefore our tip:

Burnout? Never engage in a settlement agreement, but insist on SECOND TRACK REINTEGRATION

unless you can get 1 TON OR MORE in the settlement agreement.

You can simply list the above reasons for the employer.

Most frequently made error by expats

Most frequently made error by expats in the Netherlands (by expats we mean: coming to work in the Netherlands not knowing Dutch) is to focus on the legal and financial side, instead of burnout recovery. Your burnout will never be healed without external burnout recovery coaching. Some people even make the mistake twice: burnout, sickness leave, re-integration WITHOUT external burnout recovery coaching, then getting in burnout trouble again, and again focussing on legal and finance and forgetting to learn lessons with external burnout recovery coaching, like mentioned here: https://burnout.nl/en/burn-out-recovery-coaching/ 

Managing expectations: Stichting Burnout is a burnout recovery coaching organisation, not a legal advisor. What we know, legally, we put here on the site, for the rest: turn to a lawyer ‘arbeidsrecht reintegratie’. If you are looking for burnout recovery, so burnout will not overcome you a second or third time, you are mostly welcome to write to:

info@burnout.nl