Right to Transition Compensation in Westland
For employees in Westland, the right to transition compensation provides essential protection in case of dismissal, particularly in dynamic sectors like horticulture and greenhouse farming, where labor market fluctuations are common. This scheme compensates for lost income and supports the transition to new employment—a critical factor in a region with significant seasonal work. Employers in Westland must comply with strict conditions. This article explains the rules, calculations, and local practices, along with guidance on seeking assistance from institutions like Het Juridisch Loket Westland.
Legal Basis of Transition Compensation
The right to transition compensation is outlined in the Dutch Civil Code (BW), specifically in Article 7:673 BW, under Book 7, Title 10, Section 10.2, which governs dismissal procedures. Introduced through the Wet Werk en Zekerheid (WWZ) (Employment and Security Act) from January 1, 2012, and fully effective since July 1, 2015, it replaced the old severance pay and aims to facilitate a smooth transition. In Westland, where many SMEs operate in the agricultural sector, this supports employees facing economic dismissals due to industry contraction.
Every employee with at least two consecutive years of service with a Westland employer is entitled to this compensation upon termination, except in cases where the dismissal is the employee’s fault (e.g., due to misconduct or voluntary resignation). Collective labor agreements (CAOs) in the region, such as those for horticulture, may offer additional benefits but cannot fall below the legal minimum.
Conditions for Transition Compensation in Westland
In Westland, eligibility is not automatic—carefully review the conditions, especially for flexible contracts in greenhouses:
- Continuous Employment: Minimum of two years with the same employer. Short-term contracts do not count unless they follow a consistent pattern.
- Reason for Dismissal: Must not be entirely your fault; exclusions include performance issues without reassignment or voluntary resignation.
- Contract Type and Age: Applies to both permanent and temporary positions, but for expiring flexible contracts without notice, only if the total tenure exceeds two years.
- No Offset: Cannot be deducted from other obligations (e.g., fines) without your consent.
In the event of a Westland company’s bankruptcy—common in the flower industry—the UWV (Dutch Employee Insurance Agency) will pay the compensation (Article 7:673(7) BW). For personalized advice, contact Het Juridisch Loket Westland.
Calculating Transition Compensation
The compensation in Westland is based on your daily wage, multiplied by a factor per year of service. The steps are:
- Daily Wage: Average daily earnings over three months (including vacation pay, excluding extras like overtime).
- Under 50 Years Old: 1/3 of monthly salary per year worked.
- 50 Years or Older: 1/2 of monthly salary per year worked.
- Cap: €89,000 (2023) or your annual salary, whichever is lower.
Use the UWV calculator for precision. This builds on our overview: Transition Compensation Upon Dismissal – Calculation and Rights. In Westland, with salaries ranging from €2,500–€4,000 in the sector, this can add up significantly for longer tenures.
| Years of Service | Compensation per Year (Under 50) | Compensation per Year (50+) |
|---|---|---|
| 1–2 years | 1/3 monthly salary | 1/3 monthly salary |
| 3–10 years | 1/3 per year | 1/3 until age 50, then 1/2 |
| More than 10 years | 1/3 per year | 1/2 per year after 50 |
Rights and Obligations Regarding Transition Compensation
Employees in Westland are entitled to receive payment within one month of dismissal, or in installments by agreement. You may exchange it for outplacement services, but only with consent. Employers must explain the calculation; if ill, you must cooperate on a transition plan.
In case of disputes, file a claim with the District Court of Westland within two months. The compensation does not affect your unemployment benefits (WW) and can be combined with them. The Municipality of Westland occasionally offers additional support through employment programs.
Practical Examples from Westland
Consider Marie, who worked for six years in a Westland horticulture company with a €2,800 monthly salary (daily wage: €104). Upon economic dismissal due to market changes: 6 × (1/3 × €2,800) = **€5,600**, covering her job search in the region.
Or Karel, 55, with 12 years of service at a greenhouse firm earning €3,500 monthly. First 10 years: 10 × (1/3 × €3,500) = **€11,667**. Last 2 years: 2 × (1/2 × €3,500) = **€3,500**. Total: **€15,167**. Voluntary resignation would forfeit this.
In Westland, chains of temporary contracts (e.g., seasonal harvest work) can accumulate to two years, even without formal notice.
Frequently Asked Questions About Transition Compensation in Westland
Am I entitled to transition compensation if I resign voluntarily?
No, unless your employer breaches obligations (e.g., wage withholding). Consult Het Juridisch Loket Westland for exceptions.
What if my Westland employer goes bankrupt?
The UWV pays the compensation under the legal procedure (Article 7:673(7) BW). Report promptly to the UWV and seek local advice for unemployment benefits.