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Arbeidsrecht

Fair Compensation upon Dismissal in Utrecht

Discover everything about the fair compensation upon dismissal in Utrecht. When are you entitled to this extra compensation and how do you apply for it at the Rechtbank Midden-Nederland?

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Fair Compensation upon Dismissal in Utrecht

A fair compensation is an additional dismissal compensation that a judge may award when an employer has seriously erred.

What does the Fair Compensation entail?

This compensation is awarded in addition to the transition payment and serves as a penalty for the employer who has acted seriously culpably.

In which situations is Fair Compensation awarded?

A judge may award this compensation in cases such as:

  • Serious misconduct by the employer
  • Unjustified summary dismissal
  • Termination in violation of statutory rules
  • Failure to comply with obligations regarding reintegration
  • Serious forms of bullying or intimidation

How is the Amount of the Compensation Determined?

There is no fixed calculation for the fair 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 aspects

The amounts can range from a few thousand euros to hundreds of thousands.

The New Hairstyle Judgment

In the well-known judgment of the Supreme Court, New Hairstyle, guidelines were provided for the calculation. The judge must take all circumstances into account and determine an appropriate compensation that does justice to the situation.

Practical Examples from Case Law

  • Intimidation by a manager: €15,000
  • Incorrect summary dismissal: €50,000
  • Prolonged bullying: €100,000
  • No support during illness: €25,000

Procedure in Utrecht

As an employee, you can file a request for fair compensation with the cantonal judge, for example in:

  • Challenging a dismissal decision
  • An independent request
  • A counterclaim in an employer's dissolution request

In Utrecht, you can go to Rechtbank Midden-Nederland at Vrouwe Justitiaplein 1. For free legal advice, you can contact the Juridisch Loket Utrecht at Catharijnesingel 55.

Practical Advice

  1. Document all culpable actions of the employer
  2. Keep communications such as emails and messages
  3. Always report incidents in writing
  4. Seek support from a lawyer or attorney

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

Frequently Asked Questions about Dismissal in Utrecht

What are my rights as an employee in Utrecht?

You are entitled to a safe workplace, minimum wage, paid leave, and protection against discrimination or unequal treatment.

Can my employer dismiss me without reason?

No, dismissal often requires approval from the UWV and must be based on valid reasons. Prior warnings are usually required.

How much paid leave do I get?

You are entitled to at least 20 paid vacation days per year, unless otherwise stipulated in your employment contract.

What is a collective labour agreement and how does it affect me?

A collective labour agreement (CLA) sets out agreements between employers and trade unions on matters such as salary, working hours, and other conditions.

What if I become ill?

In case of illness, you must immediately inform your employer. You are entitled to continued salary payment during the first two years of illness.