End-of-Year Payment and Thirteenth Month in Westland
An end-of-year payment or thirteenth month is an extra financial allowance, often paid out in December. This is not an automatic right under the law.
No Statutory Obligation
There is no statutory obligation for employers to pay a thirteenth month. However, the right to it may be based on:
- Your individual employment contract
- A collective labour agreement (CAO)
- A long-standing custom within the organisation
Amount of the Payment
The amount of the payment may vary. It usually amounts to an extra month's salary (thirteenth month) or a certain percentage of your annual income.
Pro Rata Payment for Short Employment Period
If you have not been employed for the entire year, for example due to commencement of employment or dismissal, you are often entitled to a proportional part of the payment.
Tax on the Payment
An end-of-year payment is subject to wage tax. Due to special rates, the net amount may turn out lower than you initially expected.
Legal basis: Employment contract, CAO
Frequently Asked Questions about Benefits
Who is eligible for an unemployment benefit?
You can receive an unemployment benefit if you are out of work, have previously paid premiums and are registered with the UWV.
What is the duration of an unemployment benefit?
The duration depends on your employment history and varies between 3 months and 38 weeks.
What does social assistance entail?
Social assistance is financial support from the municipality for people who do not have enough income to provide for their livelihood.
How can I apply for social assistance in Westland?
You can apply for social assistance via the municipality of Westland. For this, you must provide personal details and proof that your income is insufficient.
Am I required to look for work during a benefit period?
Yes, if you receive an unemployment benefit, you are required to actively look for work and demonstrate this to the UWV.
Specific Questions about the Thirteenth Month
Is a thirteenth month statutorily required?
No, there is no statutory obligation for a thirteenth month or end-of-year payment. This right can only arise from your contract, CAO or an established practice within your company. Therefore, consult your employment contract.
What determines the amount of my end-of-year payment?
The amount is usually stipulated in your contract or CAO. It can be a full month's salary or a fraction of your annual income, depending on company agreements.
Do I get a partial payment if I do not work the entire year?
Yes, usually you are entitled to a pro rata payment if you are only employed for part of the year. This corresponds to the period worked. Check your contract for details.
How is tax levied on my payment?
The payment is taxed as regular wages, which means that wage withholding tax and premiums are deducted. Due to progressive rates, the net amount may be lower.
What if my employer does not pay the benefit?
If you are entitled to a payment under your contract or CAO but do not receive it, you can submit a written request. If payment is not forthcoming, you can seek legal assistance via the Juridisch Loket Westland or bring a case before the Rechtbank Den Haag.
Can my employer adjust the thirteenth month?
This depends on your contract or CAO. A fixed thirteenth month cannot be changed without your consent. However, in case of financial difficulties, an employer may negotiate adjustments.
When do I receive my thirteenth month?
It is usually paid out in December, but some companies in Westland opt for November or spread the payment. Check your contract or CAO for the exact date.
Summary
An end-of-year payment or thirteenth month is not a statutory right, but may arise from your employment contract, CAO or company practice. The amount and payment date vary per situation, and the payment is taxed as wages. In case of disputes, you can consider legal action via the Rechtbank Den Haag or seek advice from the Juridisch Loket Westland.