In Westland, the heart of Dutch greenhouse horticulture, the transitional compensation is a crucial right upon dismissal, but there are important exceptions where employers do not have to pay. Pursuant to Article 7:673 paragraph 7 of the Dutch Civil Code (BW), no compensation is due in the event of dismissal due to seriously culpable conduct by the employee, such as theft of greenhouse products or fraud in the administration of a Westland horticultural company. In the event of bankruptcy or suspension of payments, which unfortunately occurs in this cyclical sector, the transitional compensation is often handled via the UWV curator, but not always paid in full.
For temporary seasonal contracts in Westland greenhouses that expire without notice of termination, you have no right to transitional compensation – a common scenario during peak and trough periods. For employees older than 50 years, special rules applied before 2020, but since then the standard calculation applies, also for experienced growers in areas such as 's-Gravenzande or Naaldwijk. In reorganisations in Westland companies, a collective arrangement via the Works Council may replace the individual compensation, provided it is equivalent to the statutory standard.
Employers may offset the compensation against a settlement agreement, but only if this has been explicitly agreed, for example in the case of voluntary departure from a greenhouse horticulture company. In 2025, these exceptions remain the same, but always check the collective labour agreement for the horticulture sector in Westland for additional arrangements, such as pilot subsidies or local regulations. Unsure about your situation in Westland? Consult a lawyer in the region, such as at the Juridisch Loket in The Hague or a specialised employment law attorney in Monster, to determine your position and prevent you from being unfairly disadvantaged.