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Transitievergoeding bij Proeftijd in Rijswijk: Rechten en Uitzonderingen

Ontdek in Rijswijk wanneer je recht hebt op transitievergoeding bij ontslag tijdens proeftijd. Regels, uitzonderingen en berekening volgens Rechtbank Den Haag.

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Transitievergoeding during Probationary Period in Rijswijk: Rights and Exceptions

In Rijswijk, the transition payment is a crucial financial compensation upon dismissal, but does this also apply if your contract ends during the probationary period? This article discusses the specific rules for Rijswijk, based on the legislation of the District Court of The Hague, including when you do or do not have the right to this payment.

What is a Transition Payment?

The transition payment is a mandatory payment from the employer to the employee upon dismissal at the employer's initiative, as regulated in Article 7:673 of the Dutch Civil Code (BW). Since the Work and Security Act in 2015, this has been standard. It compensates for job loss and supports re-employment, such as through training.

How is the Transition Payment Calculated?

The payment depends on:

  • Length of employment
  • Gross monthly salary
  • Age (for >10 years of service)

Basic formula: 1/3 monthly salary per year for the first 10 years, 1/2 monthly salary per year thereafter.

Transition Payment during Probationary Period: The Rule in Rijswijk

If the contract ends during the probationary period, you have no right to a transition payment. This follows from Article 7:673 paragraph 1 sub b BW, as applied by the District Court of The Hague (district Rijswijk).

Legal Basis: Article 7:673 BW

The employer must pay upon dismissal, except in cases of:

  • Termination during probationary period (paragraph 1 sub b)
  • Contract <24 months without predecessors
  • Pension age reached
  • Seriously culpable conduct of the employee

The probationary period is a risk-free introductory phase for both parties.

Statutory Probationary Period Limits

Probationary period rules:

  • Indefinite term: max. 2 months
  • Fixed term ≥6 months: max. 1 month
  • Fixed term <6 months: no probationary period

Must be in writing; otherwise invalid, with full dismissal protection.

Exceptions to the Rule in Rijswijk

Sometimes there is still a right to payment during the probationary period.

1. Invalid Probationary Clause

No valid probationary period if:

  • Not in writing
  • Too long
  • For short contract
  • Not reciprocal

Example: Ms. De Vries in Rijswijk signs a permanent contract with a 3-month probationary period. Too long, so invalid. Dismissal after 2.5 months requires permission via the District Court of The Hague and transition payment.

2. Sham Probationary Period or Abuse

In cases of abuse to avoid payment, the District Court of The Hague may award the payment.

Example: Mr. Smit from Rijswijk works 7 weeks via a temping agency, then permanent with 2 months probationary period. Dismissal after 5 weeks: the court sees continuation, counts total time for transition payment.

For advice in Rijswijk, consult the Juridisch Loket Rijswijk or District Court of The Hague.

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