Transition Payment upon Dismissal in Zoetermeer

The transition payment is a statutory compensation upon dismissal by the employer. What does this entail and how is it calculated for residents of Zoetermeer?

What does the Transition Payment Entail?

This compensation supports employees in transitioning to a new job. It can be used for training, career coaching, or as a financial reserve.

When Am I Entitled to a Transition Payment?

You are entitled to this compensation if:

• The employer terminates your employment contract
• The court dissolves the contract at the employer's request
• A fixed-term contract is not extended by the employer
• You resign due to the employer's seriously culpable conduct

How is the Transition Payment Calculated?

The compensation amounts to 1/3 of your gross monthly salary per year of service.

Example Calculation:

• 8 years of service
• Gross monthly salary €2,500
• Transition payment: 8 × (1/3 × €2,500) = €6,667

Maximum Amount 2024

The maximum transition payment is set at €94,000 gross, or one year's salary if that is higher.

When No Entitlement to Compensation?

You do not receive a transition payment in the following situations:

• Summary dismissal that is justified
• Serious faults or negligence on your part
• Resignation without attributable reason on the employer's part
• Employee under 18 years with less than 12 hours of work per week
• Reaching state pension age
• Bankruptcy or suspension of payments by the employer

Payment of the Compensation

The employer must pay the transition payment no later than 1 month after the end of employment. In case of delay, the employer owes statutory interest.

Compensation Options for Employers

In some cases, employers can apply for compensation from the UWV, such as:

• Dismissal after two years of incapacity for work
• Business cessation due to retirement or health problems

Practical Advice

1. Always check the calculation of the compensation
2. Include holiday allowance and any bonuses in the calculation
3. Send a written reminder if payment is outstanding
4. Seek legal assistance in case of disputes, for example via the Juridisch Loket Zoetermeer

Statutory basis: Article 7:673 Dutch Civil Code

Local Support in Zoetermeer

For legal advice on dismissal and transition payment, you can go to the Juridisch Loket Zoetermeer. Disputes also fall under the jurisdiction of the District Court of The Hague.

Frequently Asked Questions about Transition Payment

How do I determine my exact transition payment?

You calculate the compensation by multiplying 1/3 of your gross monthly salary by the number of years of service. For a salary of €2,800 and 6 years of service, this is 6 × (1/3 × €2,800) = €5,600. Do not forget to include allowances and holiday pay. Use an online tool or consult an expert in Zoetermeer.

Do I get compensation if my fixed-term contract is not extended?

Yes, if the employer decides not to extend your fixed-term contract, you are entitled to a transition payment. This also applies to successive contracts, calculated from the start of your employment (minimum 24 months).

What if my employer does not pay?

If payment is outstanding after one month, send a written demand with a 14-day deadline. If no response, you can take legal action via the cantonal court or seek help from the Juridisch Loket Zoetermeer.

Do internships count towards the calculation?

In general, internships or work placements do not count, unless they are under an employment contract. Have this checked by a legal advisor.