Right to Transition Compensation in Rijswijk
Residents of Rijswijk are protected under Dutch employment law by the right to transition compensation in the event of dismissal. This scheme compensates for lost income and supports the transition to new employment—particularly relevant in a municipality like Rijswijk, with its diverse local employers. Introduced to make dismissal procedures fairer, this entitlement is mandatory for employers under specific conditions. This article outlines the rules, calculations, and applications, with attention to local resources such as Het Juridisch Loket Rijswijk.
Legal Basis of the Right to Transition Compensation
The transition compensation is outlined in the Dutch Civil Code (BW), specifically in Article 7:673 BW, under Book 7, Title 10, Section 10.2, which governs dismissal procedures. Introduced through the Wet Werk en Zekerheid (WWZ) on January 1, 2012, and fully effective since July 1, 2015 for ongoing contracts, it replaced the older severance pay. This modern alternative focuses on a smooth transition to other employment, offering added value for Rijswijk employees in sectors such as local government or business services.
The law guarantees employees with at least two years of continuous service a transition compensation upon dismissal, except if the dismissal is attributable to the employee (e.g., due to serious misconduct or voluntary resignation). It establishes a baseline; collective labor agreements (CAOs) may provide additional benefits but never below the legal minimum.
Conditions for Eligibility of Transition Compensation
Transition compensation is not automatically granted in all cases. Key criteria for Rijswijk employees include:
- Duration of Employment: At least two consecutive years with the same employer. Shorter periods do not qualify unless through successive contracts.
- Reason for Dismissal: The dismissal must not be entirely the employee’s fault, such as in cases of poor performance without attempts at reassignment or voluntary termination.
- Age and Contract Type: Applies to fixed and temporary contracts; for non-terminated flexible contracts, eligibility applies only in cases of chain employment.
- No Offset Against Other Claims: The compensation cannot be deducted from other obligations unless explicitly agreed.
Note: In cases of bankruptcy or suspension of payments, the UWV (Dutch Employee Insurance Agency) pays the compensation (Article 7:673, paragraph 7 BW). For advice on local bankruptcy matters in Rijswijk, contact the Municipality of Rijswijk or Het Juridisch Loket Rijswijk.
Calculating Transition Compensation
The transition compensation in Rijswijk is determined based on the daily wage multiplied by a factor derived from years of service. The calculation method is as follows:
- Daily Wage: Average daily income over the last three months (including vacation pay and bonuses, excluding overtime).
- Under 50 Years Old: One-third of the monthly salary per year worked.
- 50 Years or Older: Half of the monthly salary per year worked.
- Cap: €89,000 (2023) or the annual salary if lower.
Use the UWV calculator for precise results. This article builds on our overview Transition Compensation Upon Dismissal – Calculation and Rights, with practical steps for Rijswijk-specific situations.
| Years of Service | Compensation per Year (Under 50) | Compensation per Year (50+) |
|---|---|---|
| 1–2 years | 1/3 of monthly salary | 1/3 of monthly salary |
| 3–10 years | 1/3 per year | 1/3 until age 50, then 1/2 |
| More than 10 years | 1/3 per year | 1/2 per year after age 50 |
Rights and Obligations Regarding Transition Compensation
Employees in Rijswijk are entitled to transition compensation in qualifying dismissals. Employers must pay it within one month of dismissal or in agreed installments. Employees may opt to exchange it for outplacement services or a settlement agreement, but only on a voluntary basis.
Employer obligations include clear explanations of calculations and rights. Employees must cooperate with transition plans, such as in cases of long-term illness. In case of disputes, legal action can be taken at the Rijswijk District Court; the statute of limitations is two months after dismissal. For free legal advice in Rijswijk, contact Het Juridisch Loket Rijswijk.
The compensation is compatible with unemployment benefits (WW) without deduction.
Practical Examples of Transition Compensation Rights
Consider Anna, who worked for five years at a Rijswijk administrative office with a gross monthly salary of €3,000. Her daily wage is €111 (based on 27 days). In case of economic dismissal, she receives: 5 × (1/3 × €3,000) = €5,000, aiding her job search in the Den Haag-Rijswijk region.
Example Two: Bert, 52, with 15 years at a local transport company in Rijswijk and a €4,000 monthly salary. First 10 years: 10 × (1/3 × €4,000) = €13,333. Last 5 years: 5 × (1/2 × €4,000) = €10,000. Total: €23,333. If he had resigned voluntarily, he would lose this right.
In Rijswijk, flexible contracts are common in the service sector; even without formal termination, a chain of temporary positions can build eligibility after two years.
Frequently Asked Questions About Transition Compensation
Am I entitled to transition compensation if I resign voluntarily?
No, unless the employer fails to meet obligations, such as unpaid wages.
What if my employer goes bankrupt?
If your employer files for bankruptcy or suspension of payments, the UWV will pay the transition compensation directly. You can still claim it through the bankruptcy estate, but the UWV ensures faster payment.
Can my employer deduct transition compensation from other payments?
No, unless explicitly agreed in writing. The compensation is legally protected as a standalone entitlement.
Does transition compensation affect my unemployment benefits?
No, the compensation is fully compatible with unemployment benefits (WW) and does not reduce your entitlement.
What if my contract is terminated without notice?
If your contract ends without proper notice (e.g., in a chain of temporary contracts), you may still qualify after two years of continuous service with the same employer.