As of July 1, 2015 the reconsideration period took effect. This period grants an employee the right to withdraw his or her consent to a termination of the employment.
The reconsideration period applies in two situations:
- If the employer has terminated the agreement by giving notice and employee has concurred therein, the employee may revoke this consent;
- If the employee has agreed to a termination by mutual consent, the employee may set this termination agreement aside.
Invoking the reconsideration period must be done in writing. In doing so the employee does not have to give reasons. The reconsideration period is applicable for two weeks. After expiry of that period, the agreement is (in principle) irrevocable.
The reconsideration period may only be invoked once within a timeframe of six months. An employee cannot use the reconsideration period indefinitely for example in order to improve his or her negotiating position.
The right to invoke the reconsideration period cannot be excluded contractually. Such an agreement would be void. In addition, under penalty of extending the period to three weeks, the employer has the obligation to point out the reconsideration period to the employee. In a termination agreement, the reconsideration period will have to be included explicitly.
Do you have questions about the reconsideration period or would you like to discuss a case? Please contact the section Employment & Pension.