The fair compensation, regulated under Article 7:681 of the Dutch Civil Code (BW), serves as an additional sanction for employers in Utrecht in cases of dismissal due to seriously culpable conduct, such as discrimination, workplace bullying, or failure to make reintegration efforts. Unlike the standard transition compensation, this depends on specific circumstances: the length of service, the employer's behavior, and the employee's income.
Examples from Utrecht cases: In a dismissal during illness without serious reintegration attempts by a local employer, such as those handled by the District Court of Midden-Nederland in Utrecht, the compensation may amount to €100,000 or more. The subdistrict court in Utrecht determines the amount, often ranging between 3 and 12 months' salary, based on recent case law. From 2025, the requirements will become stricter due to rulings by the Dutch Supreme Court, with additional focus on regional labor market trends in Utrecht.
There is no limit on cumulation with the transition compensation, which can result in a significantly higher total amount. This compensation can only be claimed via a UWV dismissal permit or a procedure at the subdistrict court in Utrecht. Build strong evidence with emails, witness statements, and documentation of conversations. Local law firms in the Utrecht city center, such as those around Dom Square, specialize in these cases.
Strategy for residents of Utrecht: Combine the fair compensation claim with a transition claim for optimal results. Free initial advice is available via the Legal Counter Utrecht (Stationsstraat 81) or the test case scheme at the District Court of Midden-Nederland. Success depends on the quality of your dossier and timely submission within the Utrecht court registry procedures.