Transition Payment for Failure to Give Notice in Westland
In Westland, where temporary contracts in greenhouse horticulture and greenhouses are common, the transition payment for failure to give notice offers protection to employees. This is a statutory compensation if your employer fails to notify you in time whether your temporary contract will be extended or terminated. The payment amounts to a maximum of one month's salary and is in addition to the notification obligation under the Work and Security Act (WWZ). It helps prevent uncertainty, particularly in seasonal work in our region.
What does the notification obligation mean for employers in Westland?
Under the WWZ, employers must inform employees in writing, no later than one month before the end of a fixed-term contract, about any extension and the conditions. No notification? Then compensation is due. For more background: see our article on the employer's notification obligation. In Westland, we recommend contacting Juridisch Loket Westland for tailored advice.
The notification must be clear and in writing (preferably by email or registered mail); verbal notice does not count. No obligation applies to contracts shorter than one month.
Legal basis
This payment is set out in Article 7:668a(10) of the Dutch Civil Code (DCC): for untimely notification, the employer must pay salary over the notice period, up to a maximum of one month. It is separate from the general transition payment (Art. 7:673 DCC). The WWZ (since 2015) and the Balanced Labour Market Act (WAB, since 2020) provide the foundation; the failure-to-notify payment remains capped at one month, despite changes to the general transition payment.
When are you eligible in Westland?
You are entitled if:
- Your fixed-term contract runs longer than six months (pro rata for shorter durations, max. one month).
- No written notification at least one month before the end date.
- The contract ends without extension.
This payment is separate from the general transition payment; you can claim both upon dismissal after two years of service. More on the transition payment.
How much is the payment in practice?
The amount equals salary over the missed notice period, calculated pro rata. It includes gross monthly salary, holiday pay, and fixed allowances; bonuses are excluded.
Example: Contract ends 31 July, no notification by 1 July? Entitled to one month's salary, e.g., €3,200 gross.
| Situation in Westland | Notice Period | Payment |
|---|---|---|
| Contract ends 1 July, no notification by 1 June | 1 month | Full month's salary |
| Contract ends 15 July, no notification by 15 June | ½ month | Half month's salary |
| Contract < 1 month | None | €0 |
Real cases from Westland
Case 1: Lisa from Naaldwijk had a contract until 1 September in a greenhouse. No notification by 1 August, and the contract ended. She successfully claimed €2,900 (monthly salary) at the Westland District Court after sending a demand letter.
Case 2: Mehmet from 's-Gravenzande had a contract until 31 December that ended on 15 October without notification. Pro rata: 15/30 of €3,000 = €1,500.
Case 3: Late extension after the end date: no payment. But if terminated, yes.
Your rights and obligations
Employee rights in Westland:
- Claim via demand letter or Westland District Court (no court fee under €25,000).
- Combine with transition payment.
- Time limit: 2 months after end (Art. 7:686a DCC).
Employer obligations:
- Notify in writing and on time.
- Pay upon claim, or face interest and costs.
Employee obligations: Keep proof (contract, payslips, emails). Check with Municipality of Westland or Juridisch Loket Westland.
FAQs for Westland residents
Do I need to calculate it myself?
No, but keep your payslips. The court uses the average of the last three months. In doubt? Contact Juridisch Loket Westland.
Payment upon extension?
No, only if it ends without timely notification.
No payment for short contracts?
Correct, Art. 7:668a(5) DCC: pro rata, but none for <1 month.
Late notification?
Treated as untimely: pro rata for days (e.g., 10 days: 10/30 of monthly salary).
Tips for employees in Westland
Claim your transition payment for failure to give notice as follows:
- Send a demand letter within 2 months after the end.
- Consult Juridisch Loket Westland for free assistance.
- Go to the subdistrict judge at Westland District Court if refused.
- Keep all documents, especially during horticulture seasons.