Terug naar Encyclopedie
Arbeidsrecht

Fair Compensation upon Dismissal in Rijswijk

Discover everything about fair compensation upon dismissal in Rijswijk. When are you entitled to this additional compensation, how high can it be, and how do you apply for it at the District Court of The Hague? Read more about legal assistance via the Juridisch Loket Rijswijk.

3 min leestijd

Fair Compensation upon Dismissal in Rijswijk

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

What Does Fair Compensation Entail?

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

In Which Cases is Fair Compensation Awarded?

A judge may award this compensation in situations such as:

  • Serious misconduct by the employer
  • Unlawful summary dismissal
  • Breach of a prohibition on termination
  • Failure to comply with reintegration obligations
  • Serious forms of bullying or intimidation

How is the Amount of the Compensation Determined?

There is no fixed calculation for this 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 circumstances

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

The New Hairstyle Judgment

The Supreme Court judgment, known as New Hairstyle, provides guidelines for determining the compensation. The judge must consider all circumstances and award an appropriate amount that does justice to the situation.

Practical Examples from Case Law

  • Intimidation by a manager: €15,000
  • Unjustified immediate termination: €50,000
  • Prolonged bullying: €100,000
  • No support for reintegration after illness: €25,000

How Does the Procedure Work?

As an employee, you can apply for fair compensation from the cantonal judge, for example at the District Court of The Hague, which includes Rijswijk. This can be done via:

  • Challenging a dismissal
  • Filing a separate request
  • A counterclaim in response to the employer's dissolution request

Practical Advice

  1. Keep a file of all culpable acts
  2. Retain written communication such as emails
  3. Document reports of incidents
  4. Seek support from a lawyer, for example via the Juridisch Loket Rijswijk

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

Frequently Asked Questions about Dismissal in Rijswijk

What are my rights as an employee in Rijswijk?

You are entitled to a safe workplace, minimum wage, vacation days with pay, and protection against discrimination or unequal treatment.

Can an employer dismiss me without reason?

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

How many paid vacation days am I entitled to?

At least 20 days per year, unless your employment contract states otherwise. These days must be granted upon request.

What does a collective labour agreement mean for my job?

A collective labour agreement (CLA) sets out agreements between employers and trade unions regarding salary, working hours, and other employment conditions.

What happens in case of illness?

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