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FAQ

Do you have any questions or is there anything completely clear yet? First, check if your question is included. We have already tried to answer as many questions as possible for you. Nevertheless, you can always contact us.

FAQs

  • About severance pay
  • About my rights
  • About MijnOntslagvergoeding.nl

About severance pay

1. What is the difference between severance pay and a transition compensation?

A transition compensation is a fee that your former employer has to pay after your employment has ended. This may be because your contract expired and was not renewed, because you had a zero-hours contract, or because you were fired. We call this transition compensation as it is the most commonly used term.

2. What is a transition compensation?

A transition compensation is a fee that your former employer has to pay after your employment has ended. This may be because your contract expired and was not renewed, because you had a zero-hours contract, or because you were fired. We call this transition compensation as it is the most commonly used term.

This amount of money is intended to help you after you were fired. With the compensation, you can for instance pay for additional education, or spend it on a vacation, so that you can start the next phase of your career path afterwards.

3. How high is the severance payment?

The transition compensation is one third of your monthly salary per year worked. You can easily calculate it by this formula: (1/3 gross monthly wage) x (amount x number of months worked) / 12. The monthly wage also includes your holiday pay and any other fixed payments.

4. Do I have to pay tax on my transition compensation?

The transition compensation is a gross amount. You have to pay income taxes, just like with your salary. However, the compensation is considered to be a special income, which is more heavily taxed. Therefore, your net amount will be slightly lower.

About my rights

1. When am I entitled to severance pay?

Everyone is entitled to severance pay after employment ends. This may be because your contract expired and will not be renewed, but also because you had a zero-hours contract or because you were fired. Almost always so straight!

2. I am a seasonal worker, am I entitled to a severance payment?

Yes, even as a seasonal worker with a temporary contract you are entitled to a severance payment.

3. I am retiring, am I entitled to severance pay?

No, when your employment contract ends at or after your retirement age, you are not entitled to a transition compensation.

4. I'm going with early retirement, am I going to be eligible for the fee?

As long as the reason you are leaving the service is not retirement, you are entitled.

5. I worked for an employment agency, does the fee apply to me?

Yes, the severance payment also applies to a temporary employment contract that ends on the employer's initiative.

6. I am over 50 years of age, does the fee apply to me?

Yes, the transition fee applies to everyone regardless of age. Only if the retirement-entitled age has been reached and the reason for dismissal is not the right to a transition compensation.

7. I have a fixed contract, does the fee apply to me?

Yes, the transition fee is for everyone whose contract is terminated.

8. I am not Dutch, am I entitled to a severance payment?

Yes, the transition fee is for everyone who has worked in the Netherlands. Your nationality does not matter, as the legislation applies to people both inside and outside the EU.

9. Can I claim severance pay when my termination date is over 3 months ago?

From the end of your employment, you have 3 months to file a petition with the district court to claim your severance payment. But as there are numerous reasons to think of as to why this 3-month period should be longer, we can always still just file the petition and try.

10. What if my resignation date was more than 3 months ago?

If you have a good reason, chances are you can still claim your compensation. If there is no reasonable explanation, we can always still attempt to make a claim.

11. What is the notice period?

Employment contracts that last more than six months, but do end, must be cancelled in writing at least one month before the end date. This means that your employer must notify you that the contract will not be renewed. For every day that your former employer has failed to do so, you are entitled to payment. Example: Two weeks before the end date you are told that your contract will not be continued, then the agreement ends at the end date, but you are still entitled to two weeks' pay, including all fixed items such as holiday pay. Of course, you have to claim this, so do this right away and together with your severance pay.

12. Can a belated noticed from my former employer to be included in the claim?

Yes, that is possible.

13. Can the transition fee be settled with other outstanding posts with my ex-employer?

Only if you agree in writing and both agree to that settlement. Furthermore, there are special conditions, check the website of the Ministry of Social Affairs to look these up.

14. What can I use the transition fee for?

The amount you receive is a gross amount. This means that you have to pay income tax on this amount, this will be arranged by your former employer. The net amount is intended to help you bridge the period between your old and new job. However, there is no law that determines what you have to spend your fee on. It is allowed for you to buy a new bike or go on a vacation for instance. Donating it to charity is of course also an option.

15. Can the fee be lower due to trainings I was allowed to follow before my discharge?

That might be, but only if you have given written consent.

16. I work in Phase 1 or A at an employment agency, my project stops, am I entitled to compensation?

Yes, if it is not clearly indicated prior to the end of the project that there is a new assignment, then you are entitled to your compensation.

17. My income is seized, what will happen now?

Most likely, your transition compensation will also be seized. Your advantage however is that your debt will be lowered a bit.

18. Heb ik recht op een transitievergoeding bij een re-integratietraject 2e spoor?

Als je na bijvoorbeeld ziekte niet kan re-integreren bij je huidige werkgever dan moet je re-integreren bij een nieuwe werkgever. Dit noemen ze ook wel 2e spoor re-integratie. In principe valt dit onder ontslag, omdat je bij je oude werkgever weggaat. Je hebt dus gewoon recht op een transitievergoeding.

About MijnOntslagvergoeding.nl

1. How do I claim my transition compensation?

You enter your email address and upload your last payslip. We will then submit a formal petition to your former employer.

2. When do I get my money?

Depending on how quickly your ex-employer pays your compensation, we will transfer the money to your account within a week. We withhold 25% of the amount as our fee.

3. If my ex-employer pays the transition fee directly to me, then what?

No problem. You will just transfer 25% of the amount that you received to us, mentioning our case number in the transaction description. If you fail to do so, we will claim our share from you. We will be informed by your former employer that they have paid, as otherwise we will start a legal procedure.  

4. What do you do if my employer does not want to pay?

We explain the claim and send additional evidence if needed, and afterwards we send a written notice. Does your former employer still refuse to pay? We will then start legal proceedings in the district court.

5. What do you do with my records?

We close the file and destroy all data as soon as possible, provided that laws and regulations do not impede this.

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Fired? Contract not extended? Claim your severance pay here!

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