Transitievergoeding Calculation in Zoetermeer - Formula and Practical Examples
The transitievergoeding is a statutory compensation that employees receive upon termination of their employment contract. Since 2020, the calculation has been simplified. In this article, we discuss the rules and examples, specifically aimed at residents of Zoetermeer.
When Entitled to Transitievergoeding?
As an employee in Zoetermeer, you are entitled to a transitievergoeding in the following situations:
- Your employer terminates the contract
- The cantonal court dissolves the employment contract at the employer's request
- A fixed-term contract is not extended by the employer
- You terminate yourself due to serious negligence by the employer
- The contract ends after 2 years of illness at the employer's request
When Not Entitled to Compensation?
- You resign yourself without attributable reason on the part of the employer
- Dismissal due to your own serious misconduct
- You are under 18 and work on average less than 12 hours per week
- You reach retirement age
- Your employer goes bankrupt
- There is a comparable arrangement in the collective labour agreement
Calculation Formula
As of 1 January 2020, a simple formula applies for the transitievergoeding:
This amounts to approximately one third of a month's salary per year worked.
Which Salary Components Are Included?
The calculation takes into account:
- Your base salary
- Fixed allowances (e.g. for shift work)
- Holiday pay (at least 8%)
- Fixed end-of-year payments (such as a 13th month)
- Regular overtime compensations
- Average bonuses over the past 3 years
What Is Not Included?
- Expense allowances
- Company cars
- Reimbursements for phone or internet
- One-off bonuses
- Employer's pension contributions
Practical Examples for Zoetermeer
Example 1: 6 Years of Service
Gross monthly salary: €2,800
Holiday pay: €224 (8%)
Total: €3,024
Years of service: 6 years
Transitievergoeding: €3,024 ÷ 12 × 6 = €1,512
Example 2: 12 Years of Service with End-of-Year Payment
Gross monthly salary: €3,500
Holiday pay: €280
13th month: €291.67
Total: €4,071.67
Years of service: 12 years
Transitievergoeding: €4,071.67 ÷ 12 × 12 = €4,071.67
Example 3: 7 Years and 9 Months of Service
Gross monthly salary: €2,200
Holiday pay: €176
Total: €2,376
Years of service: 7.75 years
Transitievergoeding: €2,376 ÷ 12 × 7.75 = €1,536.50
Maximum Amount for Transitievergoeding
In 2024, a maximum amount applies to the transitievergoeding:
- Maximum €94,000 gross
- Or one year's salary if this exceeds €94,000
This amount is adjusted annually for inflation.
Partial Months Included
If you have worked, for example, 6 years and 4 months, this counts as 6.33 years in the calculation.
Transitievergoeding after Long-Term Illness
Upon dismissal after 2 years of illness, you are entitled to a transitievergoeding. Employers in Zoetermeer can reclaim these costs from the UWV:
- Compensation scheme in effect since 1 April 2020
- Employer submits a request to the UWV
- Reimbursement of the paid compensation
Payment Deadline for the Compensation
The transitievergoeding must be paid within one month after termination of the contract. In case of delay, the employer owes interest.
Additional Compensation via the Cantonal Court
If the cantonal court in The Hague (district for Zoetermeer) dissolves the employment contract, a fair compensation may be awarded in case of seriously culpable conduct by the employer. This is in addition to the standard transitievergoeding.
Set-Off against Training Costs
Employers may deduct certain expenses from the transitievergoeding, such as:
- Costs for outplacement or retraining
- Investments in broader labour market skills
However, this must have been agreed in writing in advance.
Collective Labour Agreement and Deviating Arrangements
A collective labour agreement may provide an alternative arrangement for the transitievergoeding, provided that:
- The arrangement is equivalent
- It helps prevent or limit unemployment
Frequently Asked Questions in Zoetermeer
Do I get a transitievergoeding in a settlement agreement?
This depends on the negotiations. Although there is no statutory right, the transitievergoeding is often included at a minimum in the agreement.
Court: District Court The Hague (district)
Legal Aid: Juridisch Loket Zoetermeer