Have you been fired or will your contract no longer be extended? In that case, you are in principle entitled to a transition payment (also referred to as severance payment). A transition payment is a financial compensation that the employer must pay if he no longer extends your contract or fires you. If you resign yourself, you are in principle not entitled to a transition payment, unless there is a serious culpable act/omission on the part of the employer.

The amount of the transition payment

The amount of the transition payment in the event of dismissal depends on various factors. Among other things, your monthly salary and the duration of the employment will be considered. You can use the calculation tool for the transition payment on Rijksoverheid.nl ( https://rekenhulptransitiecommissie.nl/ ). In addition, an explanation of the calculation is included on the website.

Employer does not pay the transition payment

Your employer must pay the transition payment after the end of your employment. If payment is not made, an employee can claim the compensation up to three months after termination of employment. This is because there is a so-called expiry period. This means that no successful request for payment of the transition payment can be made after these three months. So make sure you are there on time.

write to

If your employer does not pay, you can first send a letter to your employer. You can also have this letter drawn up by a lawyer or a solicitor (and that often makes more of an impression). If your employer pays the transition payment as a result of this letter, a procedure can be omitted. If payment is not made, a petition must be submitted to the court. As indicated earlier in this blog, this must be done within three months after termination of employment, as the possibility to claim the compensation has expired after these three months.

Finally

Do you have questions about the transition payment or do you need help because the payment is not being paid? You can contact us without obligation by phone (020 696 3000) or send an e-mail ( info@hupkesadvocaten.nl ).

Leonie Keet