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Fair Compensation upon Dismissal in Zoetermeer

Discover everything about fair compensation upon dismissal in Zoetermeer. When are you entitled to this additional compensation, how high can it be, and how do you apply for it via the subdistrict court? Read more about local support via the Juridisch Loket Zoetermeer.

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Fair Compensation upon Dismissal in Zoetermeer

A fair compensation is an additional dismissal compensation that a judge may award when an employer has acted with serious negligence or culpability.

What does Fair Compensation Entail?

This compensation is awarded in addition to the standard transition payment and serves as a penalty for employers who have seriously misbehaved.

In Which Situations is Fair Compensation Awarded?

A judge may decide to award fair compensation in cases such as:

  • Serious negligence or culpable conduct by the employer
  • Unjustified summary dismissal
  • Breach of notice rules or prohibitions
  • Failure to comply with obligations regarding reintegration
  • Serious forms of intimidation or bullying

How is the Amount of the Compensation Determined?

There is no fixed calculation for this compensation. The judge considers factors such as:

  • The degree of culpability of the employer
  • The financial capacity of the employer
  • The impact on the employee
  • Whether the employee has found other employment
  • Other relevant circumstances

The amounts can range from a few thousand euros to more than €100,000.

The New Hairstyle Judgment and the Guidelines

The Supreme Court judgment in the New Hairstyle case provides guidelines for the calculation. The judge must carefully weigh all circumstances to determine an appropriate compensation that does justice to the situation.

Practical Examples from Case Law

  • Intimidation by a manager: €15,000
  • Unfounded summary dismissal: €50,000
  • Prolonged bullying in the workplace: €100,000
  • No support for reintegration after illness: €25,000

How Does the Procedure Work?

An employee can apply for fair compensation via the subdistrict court in situations such as:

  • Challenging a dismissal decision
  • Filing an independent request
  • As a counterclaim in response to the employer's dissolution request

Practical Advice for Employees in Zoetermeer

  1. Keep a detailed file of all culpable actions
  2. Retain relevant correspondence such as emails
  3. Document incidents in writing and report them
  4. Seek support from a legal advisor, for example via the Juridisch Loket Zoetermeer

Statutory basis: Articles 7:681 and 7:683 of the Dutch Civil Code

Local Information for Zoetermeer

For legal assistance in Zoetermeer, you can contact the Juridisch Loket Zoetermeer. In addition, cases often fall under the District Court of The Hague, to which Zoetermeer is assigned.

Frequently Asked Questions about Fair Compensation

When am I eligible for fair compensation?

You can claim fair compensation if your employer has seriously erred, for example in the case of an unjustified summary dismissal, ignoring notice rules, or serious bullying. The judge determines whether additional compensation on top of the transition payment is justified.

What is the maximum amount of fair compensation?

There is no fixed maximum; the amount depends on the severity of the employer's conduct, their financial situation, and the impact on you. Amounts vary from thousands to sometimes more than €100,000, depending on the case.

How do I start a procedure for fair compensation?

You file a request with the subdistrict court, for example by challenging a dismissal or filing an independent claim. Legal assistance, such as via the Juridisch Loket Zoetermeer, is recommended to strengthen your case.

Can I receive both a transition payment and fair compensation?

Yes, the fair compensation is awarded in addition to the transition payment and serves as an additional sanction for serious culpable conduct by the employer.