Settlement agreements and garden leave for Highly Skilled Migrants
The agreement is not only an employment document. Its end date can determine the start of the IND search period, WW timing and the expat-scheme transfer window.
Clauses that require explicit wording
| Clause | Why it matters |
|---|---|
| Employer initiated the termination | UWV states this is important for preserving possible WW entitlement. |
| No gross misconduct | Culpable unemployment can block WW and create immediate financial risk. |
| Legal employment end date | The IND search period starts on the day the contract ends. |
| Notice period respected | WW may not start until the legally required notice period has passed. |
| Garden leave terms | Clarify whether salary, benefits, pension and HSM-level remuneration continue until the end date. |
| Final pay and severance | Separate salary through the end date from one-off compensation. |
| IND notification | Record who will report the end of employment and the date used. |
| Two-week reflection period | UWV states the employee normally has two weeks to reconsider; three weeks if the agreement omits this information. |
Garden leave does not automatically start the IND clock
If the employment contract remains in force, regular salary continues and the legal end date is later, the relevant IND date is normally the contract end rather than the last day actively worked. However, reduced salary, unpaid leave or an immediate termination can change the analysis. Align the settlement agreement, payslips and sponsor notification.
A higher settlement payment may be commercially valuable but does not itself postpone the HSM search period once employment legally ends.
WW-protective drafting
UWV advises that the agreement record employer initiative, no gross misconduct, mutual consent and the final-pay date. The statutory, contractual or CAO notice period must be respected. Do not sign while ill without specialist advice; UWV warns that agreeing to dismissal during the first two years of illness can jeopardise both unemployment and sickness benefits.
Negotiation points specific to international employees
- Employer-funded immigration lawyer review before signature.
- Continued salary and benefits through a lawful notice period.
- Cooperation with a new sponsor and rapid delivery of immigration records.
- Clear 30% ruling payroll documents and joint application support for the new employer.
- Relocation, repatriation or school-cost support if no new permit is found.
- Written confirmation for partner and children permit administration.
- Reference letter and release for interviews during garden leave.
Review the dates before signing
Calculate the immigration deadlineOfficial sources
UWV: Agreeing to dismissalUWV: Notice and employee rightsBusiness.gov.nl: Settlement agreementIND: Contract-end search periodA specialised Dutch employment and immigration lawyer should review the actual agreement.