When concluding a settlement agreement, the employee has the right to terminate the settlement agreement within fourteen days of the date on which the agreement was concluded (the reflection period). In the case presented to the Rotterdam District Court, the employer and employee are in dispute about when the reflection period starts. Read in our blog what the court ruled in this issue.
What is at stake in this case?
The employer offers the employee a settlement agreement which refers to the statutory reflection period of fourteen days. The employee’s lawyer agrees to the text and content of that agreement on February 20, 2024. The employee signs the settlement agreement on February 22, 2024. On March 6, 2024, the employee has second thoughts and wishes to terminate the settlement agreement on March 6, 2024, whilst referring to the reflection period.
The employer argues that the employee cannot refer to the reflection period because it has already expired. According to the employer, the period began on February 20 when the lawyer agreed. However, the employee claims that the reflection period started on February 22, when she signed the settlement agreement. She relies on a verdict set by the Rotterdam District Court in 2016, affirming that the reflection period begins upon the signing of the settlement agreement.
Verdict Court
The court does not side with the employee on this matter. The judge notes that the verdict from 2016, referenced by the employee, dates back to the early stages of the Work and Security Act. According to the judge, it is now established case law that the reflection period begins as soon as the employee (or their lawyer) agrees to the settlement agreement in writing. As a result, the employee referred to the statutory reflection period too late, and the employment contract was terminated.
Conclusion
The court rules that it is established case law that the beginning of the reflection period coincides with the moment when the employee (or their lawyer) agrees to the settlement agreement in writing. If an employee refers to the reflection period, verify whether it may have already expired.
Source: Rotterdam District Court (Rechtbank Rotterdam), 30 April 2024, ECLI:NL:RBROT:2024:3952.