RVU arrangements and employer bankruptcy

Publication date: 14 April 2026

Recently, parliamentary questions were raised following a case, in which employees and former employees were confronted with the (imminent) bankruptcy of their employer, resulting in the loss of promises agreed under a social plan and an RVU (early retirement) arrangement. The minister has confirmed that, in such situations, there is no safety net for this group of employees.

No RVU and no unemployment benefit

The minister has confirmed that a social plan and a RVU arrangement qualify as terms and conditions of employment agreed between the social partners. In the event of bankruptcy, however, a specific legal regime applies under which such agreements are not (fully) enforceable. RVU benefits fall outside the scope of protection of the Employee Insurance Agency ("UWV") wage guarantee scheme. Employees making use of an RVU arrangement are deemed to have left employment at their own request and are therefore, in principle, not entitled to unemployment benefits ("WW") if the RVU payments cease. The minister acknowledges that this outcome can be particularly harsh in practice in the event of bankruptcy, but sees no reason to amend the RVU framework. According to the minister, the primary responsibility for safeguarding payment lies with the social partners. They could address this risk through provisions in collective labour agreements, for example by placing funds in a separate fund.

What does this mean in practice?

This case underlines the importance of explicitly addressing the financing of RVU benefits when designing and entering into RVU arrangements, as well as the risks associated with payment default or employer bankruptcy and the possible forms of security, such as collective labour agreement funds or external execution structures. The risk of RVU payments falling away is, of course, not present where the employer and employee agree that the RVU benefit is paid out as a lump sum instead of monthly instalments.