Transition Payment for Failure to Notify in Rijswijk
As a resident of Rijswijk, you can claim a statutory transition payment for failure to notify if your employer fails to inform you in time whether your fixed-term contract will be extended or terminated. This amount is capped at one month's salary and reinforces the notification obligation under the Work and Security Act (WWZ). It offers protection against uncertainty at the end of your employment contract in the Rijswijk area.
What does the notification obligation mean for employers in Rijswijk?
Under the WWZ, employers must notify employees in writing no later than one month before the end of a fixed-term contract about extension or termination, including any conditions. Failure to do so triggers compensation. For more basic information on the employer's notification obligation, check our overview. In Rijswijk, we recommend contacting the District Court Rijswijk or the Rijswijk Legal Aid Office.
The notice must be clear and preferably sent by e-mail or registered mail. Verbal notice does not count. Contracts shorter than one month are exempt from the notification obligation.
Legal basis
The rule is set out in Article 7:668a(10) of the Dutch Civil Code (DCC): failure to notify on time entitles you to compensation equal to wages for the notification period, up to one month. This is separate from the general transition payment (Art. 7:673 DCC).
The WWZ (since 2015) and Balanced Labour Market Act (WAB, from 2020) form the foundation. The WAB reduced the main compensation to 1/3 month per year, but the notification compensation remains capped at one month.
When are you eligible in Rijswijk?
You are entitled if:
- The fixed-term contract lasts longer than six months (pro rata for shorter periods, max. one month).
- Your employer fails to provide written notice at least one month before the end date.
- The contract ends without extension.
This compensation is separate from the general transition payment, so it can be claimed cumulatively upon dismissal after two years. Learn more about the transition payment.
How much is the compensation in practice?
The amount equals wages for the missed notification period, calculated pro rata. Wages include gross monthly salary plus holiday pay and fixed allowances, excluding variables.
Example: Contract ends 31 July without notice by 1 July? Then one month's wages, e.g., €3,200 gross.
| Situation in Rijswijk | Notification period | Compensation |
|---|---|---|
| Contract ends 1 July, no notice by 1 June | 1 month | Full month's wages |
| Contract ends 15 July, no notice by 15 June | ½ month | Half month's wages |
| Contract shorter than 1 month | None | €0 |
Real cases from Rijswijk
Case 1: Lisa from Rijswijk had a contract until 1 September. No notice by 1 August, and the contract ended. She won €2,900 (one month's wages) at the District Court Rijswijk after sending a demand letter.
Case 2: Tom's contract from Rijswijk ended on 31 December, with no notice by 15 October for a 15 September deadline. Pro rata: 15/30 of €3,000 = €1,500.
Case 3: Late extension after expiry: no compensation. Only for actual termination.
Your rights and employer obligations
Rights in Rijswijk:
- Claim via demand letter or District Court Rijswijk (no court fee under €25,000).
- Add to transition payment.
- Limitation period: 2 months after contract end (Art. 7:686a DCC).
Employer obligations:
- Provide written and timely notice.
- Pay upon claim, or face interest and costs.
Your obligations: Keep proof (contract, payslips, e-mails). For help: Rijswijk Legal Aid Office.
FAQs for Rijswijk residents
Do I need to calculate it myself?
No, but keep your payslips. The court uses the average of the last three months. Unsure? Visit the Rijswijk Legal Aid Office.
Compensation if extended?
No, only for termination without timely notice.
No compensation for short contracts?
Correct, Art. 7:668a(5) DCC: pro rata, but none for <1 month.
Late notice?
Treated as untimely: pro rata, e.g., 10 days late = 10/30 month's wages.
Tips for a successful claim in Rijswijk
Here's how to claim your compensation:
- Send a demand letter within 2 months of contract end.
- Consult the Rijswijk Legal Aid Office for free advice.
- Proceed to District Court Rijswijk if unpaid.
- Retain all documents.
- Consider union or lawyer via Rijswijk municipal support lines.