Exceptions to transitional allowance

Exceptions to the transition payment

Not everyone has, in every situation, the right to a transition payment. Below you can read the main exceptions to the transition payment and what they mean for you.

transition payment

It is possible that a collective agreement (CLA) may have made substitute agreements instead of the transitional allowance? In principle, an employee is entitled to a transitional allowance if the employment contract is terminated or not extended by the employer. The collective agreement can therefore stipulate that an employee receives a substitute provision instead of a transitional allowance. This has been possible since 1 January 2020 and only in the case of dismissal due to business economic circumstances.

When substitute provision instead of transitional allowance?

If provided for by a collective bargaining agreement (CAO). As cited above, this is only possible in case of dismissal due to business economic circumstances. The substitute provision does not have to be equivalent to the statutory transitional allowance. However, the provision must contain measures to prevent unemployment or limit its duration. Or a reasonable financial compensation for the dismissal. Or a combination of such measures.

Employment law advice needed on transitional allowance or substitute provision?

Get in touch if you need advice on transitional allowance or substitute provision. The specialists at Arbeidsjurist Eindhoven help both employees and employers determine their rights and obligations. Want to know how much transitional allowance you will receive? Calculate your transitional allowance here! 

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  In more than 90% of cases, our help results in better dismissal conditions and higher severance pay.
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  Expert employment lawyers who get the most out of every case.
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  Transparent about costs. Often for a fixed fee.

We are happy to think along with you. For advice tailored to your situation, we would be glad to talk to you. No rights can be derived from the content of this page and it may contain inaccuracies.

Written by

Ronald

Employment lawyer at Employment Lawyer Eindhoven

Ronald is an employment lawyer at Arbeidsjurist Eindhoven, part of Adviesgroep Eindhoven. He assists employees and employers with dismissal, settlement agreements and transition payments, always clear, personal and persistent. That is reflected in more than 85 five-star client reviews.

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