The fair compensation, regulated under Article 7:681 of the Dutch Civil Code (BW), serves as an additional sanction for employers in Rijswijk in cases of dismissal due to seriously culpable conduct, such as discrimination or failure to make reintegration efforts. Unlike the standard transition compensation, this depends on specific circumstances: the length of service, the employer's conduct, and the employee's income.
Examples from the The Hague-Rijswijk region: In cases of dismissal during illness without serious reintegration attempts by a Rijswijk-based company, such as a local IT firm or healthcare institution, the compensation may amount to €100,000 or more. The subdistrict court in The Hague, which handles cases from Rijswijk, often determines the amount based on 3 to 12 months' salary. From 2025, the requirements will become stricter due to recent Supreme Court jurisprudence, relevant for the District Court of The Hague.
There is no limit on cumulation with the transition compensation, resulting in a higher total amount. This compensation can only be claimed via a UWV dismissal permit or a procedure at the subdistrict court in The Hague. Build evidence with emails, witness statements, and reintegration files, which are often crucial in Rijswijk cases involving many commuters to The Hague.
Strategy for employees in Rijswijk: Combine with a transition claim for optimal results. Free advice is available from the Legal Counter in The Hague or local trade unions in Rijswijk. Success depends on the quality of your dossier and local jurisprudence.