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Transitievergoeding bij Ontslag in Rijswijk - Rechten en Berekening

Ontdek alles over de transitievergoeding bij ontslag in Rijswijk. Leer hoe deze wordt berekend, wanneer u er recht op heeft en wat te doen bij niet-betaling. Neem contact op met het Juridisch Loket Rijswijk voor advies.

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Transitievergoeding bij Ontslag in Rijswijk

The transition payment is a statutory compensation for employees in Rijswijk who are dismissed by their employer. How is it calculated and what are your rights?

What does the Transition Payment entail?

The transition payment supports employees in transitioning to a new job. The amount can be used for retraining, outplacement programs or as a financial reserve.

When are you entitled to a Transition Payment?

In Rijswijk, you are entitled to a transition payment under the following circumstances:

  • The employer terminates your employment contract
  • The court terminates the contract at the employer's request
  • A fixed-term contract is not extended by the employer
  • You terminate the contract yourself due to serious negligence by the employer

How is the Transition Payment calculated?

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

Example calculation:

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

Maximum amount 2024

In 2024, the transition payment is capped at €94,000 gross, or one year's salary if higher.

When no entitlement to compensation?

In certain situations in Rijswijk, you have no claim to a transition payment, such as:

  • Summary dismissal that is justified
  • Seriously culpable conduct on your part
  • Resignation without serious faults by the employer
  • Employees under 18 years who work less than 12 hours per week
  • Reaching state pension age
  • Employer's bankruptcy or suspension of payments

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 options for Employers

In specific cases, employers in Rijswijk can apply for compensation from the UWV, for example:

  • Dismissal after two years of employee illness
  • Business termination due to retirement or health issues

Practical tips for Rijswijk

  1. Always check the calculation of your compensation
  2. Take holiday pay and any bonuses into account in the salary
  3. Send a written reminder if payment is overdue
  4. Seek legal assistance in case of disputes, for example via the Juridisch Loket Rijswijk

Statutory basis: Article 7:673 Dutch Civil Code

Frequently Asked Questions about Transition Payment

How do I determine my exact transition payment?

The calculation is as follows: multiply 1/3 of your gross monthly salary by the number of full years of service. For a salary of €3,500 and 6 years of service, this is 6 × (1/3 × €3,500) = €7,000. Including holiday pay and allowances. Use an online tool or consult an expert in Rijswijk.

Do I get compensation if a fixed-term contract is not extended?

Yes, if the employer in Rijswijk 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 the employer does not pay?

Send a written demand with a 14-day deadline. If payment is not forthcoming, you can take legal action via the cantonal court or seek help from the Juridisch Loket Rijswijk. You are also entitled to interest on the outstanding amount.

What are my general rights as an employee in Rijswijk?

You are entitled to a safe workplace, minimum wage, paid leave and protection against discrimination or unequal treatment.

What to do in case of illness?

Report illness to your employer immediately. You are entitled to continued pay during the first two years of illness, in accordance with the law.