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Fair Compensation upon Dismissal: When Extra Besides Transition?

Extra fair compensation in case of culpable dismissal: conditions, calculation and how to claim it alongside transition.

1 min leestijd

The fair compensation, from article 7:681 DCC, is an additional sanction for employers in cases of dismissal due to seriously culpable conduct, such as discrimination or negligent reintegration. Unlike the transition payment, this is not standard and depends on the circumstances: length of employment, employer's conduct and employee's income.

Examples: In case of substantiated dismissal during illness without reintegration efforts, this can amount to €100,000+. The subdistrict court determines the amount, often 3-12 months' salary. In 2025, stricter requirements apply due to Supreme Court case law.

No cumulative limitation with transition, so total higher. Claim only possible with UWV dismissal permit or subdistrict court proceedings. Build evidence with emails and witness statements.

Strategy: Combine with transition claim for maximum result. Free advice via Juridisch Loket. Success depends on dossier quality.

Fair Compensation upon Dismissal: Extra Besides Transition P | Rechtshulp Den Haag