Transition Compensation upon Termination of Employment in Westland: Calculation and Conditions

# Transition Compensation upon Termination of Employment in Westland: Calculation and Conditions In the greenhouse horticulture municipality of Westland, where greenhouses and logistics companies dominate, employees who are dismissed have been entitled to transition compensation (Art. 7:673 of the Dutch Civil Code) since 2013. This applies after two years of service in cases of termination, dissolution by the subdistrict court in The Hague, or non-renewal of temporary seasonal contracts, except in cases of culpable conduct such as theft of crops. ## Calculation Method - 1/3 of a monthly salary per year of service, including shift allowances common in Westland greenhouses. - Pro rata for partial years, for example, in cases of peak-season dismissal. - Includes holiday pay and fixed allowances. - Maximum of €89,000 (2024) or one annual salary. ## Conditions for Entitlement - Minimum of two years of service with a Westland-based company. - Employer’s initiative (except in settlement agreements). - No entitlement in case of a grower’s bankruptcy (unemployment benefits compensate via UWV Haaglanden region). ## Exceptions and Appeals For small and medium-sized enterprises (SMEs) in Westland (<25 employees), the subdistrict court regulation applies from 2020: no transition compensation for the first dismissals. Claims must be filed within six months of termination at the subdistrict court in The Hague. Local trade unions such as FNV AgriPort offer free advice. ## Practical Steps for Westland Calculate using the UWV tool or consult the Legal Counter in 's-Gravenzande. Negotiate a higher equitable compensation (Art. 7:681 of the Dutch Civil Code) in settlement agreements, particularly in cases of collective labour agreements in greenhouse horticulture. Employers in Westland: reserve a budget for seasonal changes. Employees: file a claim in a timely manner with Hortus Legal or UWV. Transition compensation does not accumulate with other compensations but does with unemployment benefits. (248 words)