Severance pay

Are you entitled to severance pay?

Have you been dismissed and is the dismissal final? In many cases, you may be entitled to severance pay.

There are two types of severance pay:

  1. the Transition Payment
  2. the Fair compensation

Transition allowance

You are eligible for the transition allowance if your employer terminates your employment contract on his or her own initiative. You are entitled to a transition allowance from the start of your employment contract, even if you had only just started working for your employer and were still in your probationary period, for example.

Calculate transition allowance

  • The transition allowance is calculated based on the number of years of service. The allowance amounts to 1/3 of the monthly salary per year worked.
  • The transition allowance will amount to a maximum of €102,000.00 gross in 2026.
  • If your annual salary exceeds €102,000.00, the transition payment will be capped at 1 gross annual salary.
 

Our employment lawyers will be happy to calculate the transition payment in your case.

In the video below, specialized labor lawyerPierre van Geffenexplains what you need to take into account when it comes to transition payments.

Summary dismissal and transition allowance

Have you been summarily dismissed? Unfortunately, this usually means you are not entitled to a transition payment. However, an employer cannot simply dismiss an employee summarily: there are strict requirements that must be met.

Never simply accept summary dismissal. Our employment lawyers can challenge the dismissal on your behalf and still claim severance pay for you.

Fair compensation

In addition to the transition allowance, you may be eligible for fair compensation.

In order for fair compensation to be awarded, the employer must have acted in a seriously culpable manner. Seriously culpable behavior includes, for example, the employer giving a false reason for your dismissal or discriminating against you.

Even if your employer wrongfully dismisses you with immediate effect, you can claim fair compensation.

Amount of fair compensation

The amount of fair compensation varies from case to case and can be substantial.

Our employment lawyers can assess the compensation you are entitled to.

Severance pay in the event of termination by mutual consent

Is your employment contract not being terminated unilaterally, but by mutual agreement? In that case, the transition payment and fair compensation play less of a role. In that case, it is up to the parties themselves to determine the amount of any compensation.

The agreements are then laid down in atermination agreement.

It is generally not wise to agree to compensation that is lower than the transition payment. Our dismissal lawyers will strive to obtain the maximum severance pay for you.

No-obligation advice

  • Would you like to check whether you are eligible for severance pay?
  • Or would you like to know how much your severance pay will be?

Please feel free to contact one of our dismissal law attorneys.

Fill in thecontact formnow or call toll-free0800 55 444 56.

Am I entitled to unemployment benefits after being dismissed for poor performance?

Yes, in most cases you are entitled to unemployment benefits after being dismissed for poor performance. However, there are a few exceptions.

If the dysfunction is the result of deliberate misconduct, you may not be entitled to unemployment benefits. The UWV will assess whether you are eligible for unemployment benefits based on the specific circumstances of your dismissal.

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