Transition Payment upon Termination of Employment Contract in Tilburg: Calculation and Conditions
Transition payment (art. 7:673 DCC) for Tilburg employees after two years of service: 1/3 monthly salary per year. Local conditions, Subdistrict Court of Tilburg, exceptions and tips for claiming upon dismissal.
AA
Arslan AdvocatenLegal Editorial
2 min leestijd
# Transition Payment upon Termination of Employment Contract in Tilburg: Calculation and Conditions
Since 2013, dismissed employees in Tilburg and surrounding areas are entitled to a transition payment (art. 7:673 DCC), a payment upon dismissal after at least two years of service. This is relevant for sectors such as the textile and manufacturing industry in Tilburg, in cases of termination by the employer, dissolution by the Subdistrict Court of Tilburg or non-extension of a fixed-term contract, unless there is culpable conduct on the part of the employee.
## Calculation Method
- 1/3 monthly salary per full year of service.
- Pro rata for incomplete years.
- Including holiday allowance, fixed surcharges and bonuses customary in Tilburg companies.
Maximum €89,000 (2024) or one year's salary, whichever is lower.
## Conditions for Entitlement in Tilburg
- At least two years of uninterrupted service.
- Initiative by the employer (also in settlement agreements via Tilburg lawyers).
- No entitlement in case of bankruptcy; unemployment benefit via UWV Tilburg partially compensates this.
## Exceptions and Appeal to Subdistrict Court of Tilburg
For small employers in Tilburg and Waalwijk (<25 employees), the subdistrict court ruling applies from 2020, under which no transition payment is due. Employees can file a claim with the Subdistrict Court of Tilburg within six months after the end of the contract. Local case law emphasizes timely action.
## Practical Steps for Tilburg Employees
Use the UWV calculation tool for a precise calculation. Negotiate in a settlement agreement, often via mediation in Tilburg, for a higher fair compensation (art. 7:681 DCC).
Employers in the region: reserve budget due to high dismissal rates in Brabant industry. Employees: claim timely with UWV Tilburg or subdistrict court. Does not accumulate with other payments, but does with unemployment benefit. Consult local lawyers for Tilburg-specific cases. (248 words)