Assessment of transition compensation settlement agreement

Questioner

I have been working at a law firm for 8 years as a Personal Assistant and have a permanent contract there. I have been working from home since Corona and have been on maternity leave since last November. I no longer live in the vicinity of the office and am therefore also the mother of a son. Just before I have to start working again, a 'working from home policy' is announced stating that we all have to return to the office for at least 50% of our weekly hours as of May 1. Since this is no longer feasible for me and working completely from home is not desirable for my employer, I have received a VSO. In this agreement, my employer has only included that both parties waive any (transition) compensation. However, I will be exempted from work for the month of April and I will still receive 1 month's salary and part of my holiday pay and 13th month. My question is: can my employer just include this in a VSO? Or is a transition payment not legally established?

Lawyer

In the case of a settlement agreement, there is no legal right to the (statutory) transition payment. However, it is customary to make an agreement about this. I advise you to seek advice before you sign anything. It is possible that the offer can still be negotiated, which can lead to a better result. Please feel free to contact me without obligation to discuss your case. You can find my contact details on the profile page.