My rights in the case of dismissal
Wanneer jouw contract niet verlengd wordt of vroegtijdig wordt beëindigd door je werkgever, heb je in Nederland recht op een transition compensation. In de volksmond wordt dit ook wel ontslagvergoeding genoemd. Soms heb je ook recht op een vergoeding als jij zelf ervoor kiest om niet meer voor een bedrijf te werken. Vanaf 1 januari 2020 gelden er nieuwe regels. Wij leggen je uit wat jouw rechten zijn.
Severance payment/Transition compensation 2020
A transition compensation is a (new) right, just as you are entitled to leave and holidays. This right is part of the Labour Market in Balance Act (WAB). A transition compensation can be part of the severance package, but it is not the same. However, the term of transition compensation is most commonly used, which is why we use this term.
If you were employed for two years or more and your contract is not renewed, you were entitled to a transition compensation in 2019. Employees who were employed for more than ten years received a higher severance.
As of 1 January 2020, this has changed. Since then, every employee is entitled to compensation. Even if you are employed for less than two years and even when your contract is terminated on probation. Additionally, there are no additional benefits anymore for people who have been employed for more than ten years. The same rules thus apply to everyone from now on.
- Drafting petition
- Judicial process
- No cure, no pay
- Experienced legal team
- Help & support
- Review files
- Seeking more rights
In which case am I entitled to a transition compensation?
You are entitled to a severance payment if your contract has been terminated or has not been renewed by your employer. This can be because your contract is not renewed after expiration, because you had a zero-hours contract, or because you were fired. Sometimes you are even entitled to compensation when you have terminated the contract yourself. Are you retiring or below the age of 18? Then you are not entitled to compensation.
I am a seasonal worker and at the end of my season my contract expires.
I have a temporary contract that expires.
I have a zero-hours contract, and it is not continued.
I have a permanent contract and I was fired because of company cuts.
I resigned myself because of serious culpability by my employer.
I got fired for acting seriously culpable.
I quit my job because I do not like my job anymore.
My contract will not be continued as I am retiring.
I am under 18 years of age and work up to 12 hours a week, and my contract is not continued.
My collective agreement already includes a similar fee.
Are you not sure if you are entitled to transition compensation?
We are happy to help. Get in touch and we will find out for you.
How high will my severance payment be?
The height of your severance pay depends on your salary and the number of months you have worked for your former employer. There is a simple formula to calculate how much money you are entitled to. Take a third of your gross monthly wage*, multiply that by the number of months you have worked, and divide this by twelve.
(1/3 gross monthly earnings) x (amount x number of months worked) / 12
Example 1: An employee with a gross monthly wage of € 3600,- is therefore entitled to a transition compensation of € 100,- after one month of work. The sum goes as follows:
(3.600 / 3 = 1.200) x (1.200 x 1 =1.200) / 12 = 100
Example 2: An employee with a gross monthly wage of € 3.600 is entitled to a transition compensation of € 416,66 after six months of work. The sum goes as follows:
(2.500 / 3 = 833,33) x (833,33 x 6 = 4.999,98) / 12 = 416,66
Lees er meer over op onze blog.
* What is my gross wage again?
Your gross wage is the wage is stated in your contract. It is the amount on your payslip without general taxes and taxes you pay on your salary. The net wage is the final amount you receive monthly onto your bank account.
I want my severance pay
We give you what you are entitled to!
Are you eligible for a severance pay? Please submit your request here and we will get to work immediately!