Fair Compensation upon Dismissal in Leiden
A fair compensation is a supplementary dismissal compensation that a judge may award when an employer has acted with serious negligence or culpability.
What does Fair Compensation entail?
This compensation is awarded in addition to the transition payment and serves as a penalty for employers who have seriously misbehaved.
In which situations is Fair Compensation awarded?
A judge may decide on fair compensation in cases such as:
- Serious negligence or misconduct by the employer
- Unlawful summary dismissal
- Breach of a prohibition on notice
- Failure to comply with obligations regarding reintegration
- Serious forms of intimidation or bullying
What determines the Amount of the Compensation?
There is no fixed calculation for fair compensation. The judge considers factors such as:
- How serious the employer's conduct was
- The employer's financial capacity
- The impact on the employee
- Whether the employee has already found a new job
- Other relevant circumstances
The amounts can range from a few thousand euros to more than a hundred thousand euros.
The New Hairstyle Judgment
In the well-known New Hairstyle judgment, the Supreme Court provided guidelines for determining the compensation. The judge must carefully weigh all facts and circumstances to arrive at an appropriate amount.
Practical Examples from Case Law
- Intimidation by a manager: €18,000
- Unjustified immediate dismissal: €45,000
- Prolonged bullying: €90,000
- No support during illness: €30,000
How does the Procedure work in Leiden?
An employee can file a request for fair compensation with the cantonal judge, for example via:
- Challenging a dismissal decision
- A separate application
- A counterclaim in response to the employer's dissolution request
In Leiden, you can go to the District Court of The Hague, Leiden location for this. For free legal advice, you can contact the Juridisch Loket Leiden at Stationsweg 46.
Practical Advice
- Document all incidents and culpable conduct of the employer
- Keep communications such as emails and messages
- Always report problems in writing
- Seek support from a legal advisor
Statutory basis: Articles 7:681 and 7:683 of the Dutch Civil Code
Frequently Asked Questions about Dismissal Compensation in Leiden
What are my rights as an employee in Leiden?
As an employee, you are entitled to a safe workplace, fair pay, vacation days with continued salary, and protection against discrimination or unequal treatment.
Can my employer dismiss me without reason?
No, dismissal usually requires approval from the UWV and must be based on valid reasons. Prior warnings are often required.
How many vacation days am I entitled to?
You are entitled to at least 20 paid vacation days per year, unless your employment contract states otherwise. These days must be granted upon request.
What does a collective labour agreement mean for me?
A collective labour agreement (CLA) records agreements between employers and trade unions on matters such as salary, working hours, and other terms of employment.
What should I do if I am ill?
If you are ill, you must immediately inform your employer. You are entitled to continued salary payment during the first two years of sick leave.