Transition Payment for Failure to Give Notice in Utrecht
As an employee in Utrecht, you are entitled to the transition payment for failure to give notice when your employer fails to timely inform you whether your temporary contract will be extended or terminated. This compensation amounts to a maximum of one month's salary and reinforces the notification obligation under the Work and Security Act (WWZ). It offers protection against uncertainty, especially relevant for Utrecht residents in flexible roles at local businesses.
What does the notification obligation mean for employers in Utrecht?
Under the WWZ, employers must notify employees in writing no later than one month before the end of fixed-term contracts about any extension and the conditions. Failure to do so results in compensation. For more basic information, see our article on the employer's notification obligation. In Utrecht, you can get free advice from the Legal Aid Office Utrecht.
The notice must be clear and preferably sent by e-mail or registered mail. Verbal notifications do not count. Contracts shorter than one month are exempt, but longer ones are covered.
Legal Basis
This compensation is set out in Article 7:668a paragraph 10 of the Civil Code (BW): if notice is not given in time, the employer must pay salary for the notification period, up to a maximum of one month. It supplements the general transition payment (art. 7:673 BW).
The WWZ (since 2015) and Balanced Labour Market Act (WAB, since 2020) provide the foundation. The WAB reduced the general compensation to 1/3 of a month's salary per year, but the payment for failure to give notice remains capped at one month.
When are you eligible in Utrecht?
You qualify if:
- The temporary contract has run longer than six months (pro rata for shorter durations, max. one month).
- No written notice was given at least one month before the end date.
- The contract ends without extension.
This payment is separate from the general transition payment, so both may apply upon dismissal after two years. More info: general transition payment.
How much is the payment in Utrecht?
The amount equals salary for the notification period, calculated pro rata. It includes gross monthly salary, holiday pay, and fixed allowances; variables are excluded.
Example: Contract ends 31 July without notice by 1 July? Entitled to one month's salary, e.g. €3,000 gross.
| Situation in Utrecht | Notification Period | Compensation |
|---|---|---|
| Contract ends 1 July, no notice by 1 June | 1 month | Full month's salary |
| Contract ends 15 July, no notice by 15 June | ½ month | Half month's salary |
| Contract < 1 month | None | €0 |
Real Cases from Utrecht
Case 1: Marieke from Utrecht-Centrum had a contract until 1 September. No notice by 1 August, and the contract ended. She claimed €2,800 at the District Court of Utrecht and won after sending a demand letter.
Case 2: Ahmed in Kanaleneiland: contract until 31 December, ended early on 15 October without notice. Pro rata: 15/30 of €3,000 = €1,500.
Case 3: If extended after the end date without notice: no compensation. Only applies upon termination.
Rights and Obligations in Utrecht
Employee rights:
- Claim via demand letter or District Court of Utrecht (no court fee under €25,000).
- Combine with transition payment.
- Time limit: 2 months after termination (art. 7:686a BW).
Employer obligations:
- Provide written and timely notice.
- Pay upon claim, or face interest and costs.
Employee obligations: Keep proof (contract, emails, payslips).
FAQs for Utrecht Residents
Do I need to calculate it myself?
No, but keep your payslips. District Court of Utrecht uses the average of the last three months. In doubt? Visit the Legal Aid Office Utrecht.
Payment if extended?
No, only if it ends without timely notice.
No payment for short contracts?
Yes, art. 7:668a paragraph 5 BW: pro rata, but none for <1 month.
Late notice?
Pro rata for remaining days, e.g. 10 days: 10/30 month's salary.
Tips for Utrecht Residents
Here's how to successfully claim your transition payment for failure to give notice:
- Send a demand letter within 2 months of termination (template from Legal Aid Office Utrecht).
- Consult District Court of Utrecht or a lawyer if refused.
- Keep all documents.
- Consider free consultations at Municipality of Utrecht or Legal Aid Office.