Dismissal Compensation upon Dismissal in Westland

The dismissal compensation is a statutory compensation for employees in Westland who are dismissed by their employer. How does the calculation work and what are your rights?

What does the Dismissal Compensation entail?

The dismissal compensation supports employees in transitioning to a new job. The amount can be used for training, outplacement programs, or as temporary financial support.

When are you entitled to Dismissal Compensation?

In Westland, you are entitled to dismissal compensation in the following situations:

• The employer terminates your employment contract
• The court dissolves the contract at the employer's request
• Your fixed-term contract is not extended by the employer
• You resign yourself due to serious negligence or culpable conduct by the employer

How is the Dismissal Compensation Calculated?

The compensation amounts to 1/3 of your gross monthly salary per year of service.

Example Calculation:

• 8 years of service
• Gross monthly salary of €3,500
• Dismissal compensation: 8 × (1/3 × €3,500) = €9,333

Maximum Amount in 2024

The maximum dismissal compensation is set at €94,000 gross, or a full annual salary if that is higher.

When No Entitlement to Compensation?

In some cases, you do not receive dismissal compensation, for example:

• In case of summary dismissal for cause
• In case of serious culpable conduct on your part
• If you resign yourself without the employer being seriously at fault
• If you are younger than 18 and work less than 12 hours per week
• Upon reaching state pension age
• In case of the employer's bankruptcy or suspension of payments

Payment of the Compensation

The employer must pay the dismissal compensation no later than one month after the end of the employment. In case of delay, the employer owes statutory interest.

Compensation Options for Employers

In Westland, employers can apply for compensation from the UWV under certain conditions, such as:

• Dismissal after two years of incapacity for work
• Business cessation due to the employer's retirement or health reasons

Practical Tips for Employees in Westland

1. Always check the accuracy of the calculation
2. Take extras such as holiday allowance and bonuses into account in the salary
3. Send a written reminder if payment is outstanding
4. Seek legal assistance in case of disputes, for example via the Juridisch Loket Westland

Statutory basis: Article 7:673 Dutch Civil Code

Frequently Asked Questions about Dismissal Compensation in Westland

What are my rights as an employee in Westland?

As an employee, you are entitled to a safe workplace, fair pay, paid leave, and protection against discrimination or unequal treatment.

Can my employer dismiss me without reason?

No, dismissal often requires approval from the UWV and must be based on valid grounds. Prior warnings are usually required.

How many paid holiday days am I entitled to?

You are entitled to at least 20 paid holiday days per year, unless your contract states otherwise. These must be granted upon request.

What does a collective labour agreement mean for my job?

A collective labour agreement (CLA) records agreements between employers and trade unions on, among other things, salary, working hours, and other employment conditions.

What happens in case of illness?

In case of illness, you must immediately inform your employer. You are entitled to continued pay during the first two years of sick leave.