In Zoetermeer, a growing business centre in the Randstad with companies in sectors such as IT, logistics and high-tech, the transition payment upon dismissal is a crucial right. Although this is a standard payment under the Dutch Civil Code (BW), there are important exceptions where employers in Zoetermeer are not obliged to pay. Pursuant to Article 7:673(7) BW, the right lapses in the event of dismissal due to seriously culpable conduct on the part of the employee, for example theft, fraud or aggression in the workplace at local employers such as in the Zoetermeer Innovation District.
In the event of bankruptcy or suspension of payments of a Zoetermeer company, the transition payment is often handled via the UWV-trustee. In the region around Zoetermeer, with its SMEs, this happens regularly, but the payment is not always in full due to the priority of creditors. For fixed-term contracts that naturally expire without notice – common for flexible workers in Zoetermeer's logistics hubs – there is no claim to compensation. Employees older than 50 years benefited from special rules before 2020, but since then the standard formula applies everywhere, including Zoetermeer.
In reorganisations, as recently seen at some tech companies in Zoetermeer, a collective arrangement may replace the individual transition payment, provided it is equivalent and approved by the works council. Note: dismissal on the employee's own initiative, for example resignation during illness, results in loss of the right. Employers in Zoetermeer may offset the payment against a settlement agreement, but only by explicit agreement. These rules will not change in 2025, but check the collective labour agreement (cao) of your sector – often stricter in the region via the Metal & Technology cao. Unsure about your situation with a local employer? Contact a lawyer in Zoetermeer or via the nearby UWV office to prevent disadvantage and safeguard your rights.