Transitievergoeding bij Ontslag in Utrecht

The transition payment is a statutory compensation for employees who are dismissed by their employer. How does this work and what are your rights in Utrecht?

What does the Transition Payment Entail?

This compensation supports employees in transitioning to a new job. The amount can be used for training, outplacement programs, or as temporary financial support.

When Are You Entitled to a Transition Payment?

You are eligible for a transition payment under the following circumstances:

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

How is the Transition Payment Calculated?

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

Example:

• 8 years of service
• Gross monthly salary €3,500
• Transition payment: 8 × (1/3 × €3,500) = €9,333

Maximum Amount 2024

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

When Are You Not Entitled to a Transition Payment?

There is no entitlement to compensation in these situations:

• Summary dismissal that is justified
• Serious errors or negligence by the employee
• Resignation by the employee without attributable reason on the part of the employer
• Employee under 18 years old working less than 12 hours 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 one month after the end of employment. In case of delay, the employer is obliged to pay statutory interest.

Compensation Scheme for Employers

In some cases, employers can apply for compensation from the UWV, for example in cases of:

• Dismissal after two years of employee illness
• Business cessation due to retirement or health reasons

Practical Tips for Employees in Utrecht

1. Carefully check the calculation of your compensation
2. Take into account extras such as holiday allowance and bonuses
3. Request the payment in writing if it is not forthcoming
4. Seek legal assistance in case of disputes, for example via the Juridisch Loket Utrecht at Catharijnesingel 55

Legal Basis: Article 7:673 of the Dutch Civil Code

Local Information in Utrecht

In disputes over dismissal or transition payment, you can go to the District Court of Midden-Nederland, located at Vrouwe Justitiaplein 1 in Utrecht. For free legal advice, you can contact the Juridisch Loket Utrecht at Catharijnesingel 55.

Frequently Asked Questions about Transition Payment

How do I determine my exact transition payment?

The calculation is based on 1/3 of your gross monthly salary per full year of service. For a salary of €3,200 and 6 years of service, you receive 6 × (1/3 × €3,200) = €6,400. Note that holiday allowance and fixed allowances are included. Use an online tool or consult an expert.

Am I entitled to compensation for an expiring fixed-term contract?

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

What if my employer does not pay the compensation?

Send a written reminder with a payment term of 14 days. If payment is not made, you can take legal action via the subdistrict court or a lawyer. You are also entitled to interest on the outstanding amount.

What are my general rights as an employee?

You are entitled to a safe workplace, fair pay, holiday days, and protection against discrimination or unequal treatment.

What should I do if I am ill?

Report your illness immediately to your employer. You are entitled to continued pay during the first two years of sick leave.