The fair compensation, regulated in article 7:681 of the Dutch Civil Code, is an additional sanction for employers in Leiden in cases of dismissal due to seriously culpable conduct, such as discrimination or negligent re-integration efforts. Unlike the standard transition payment, it depends on specific circumstances: length of employment, employer's conduct and the employee's income in the Leiden region.
Examples from Leiden practice: In dismissal during illness without serious re-integration attempts by a local employer, such as university companies or biotech firms around the Bio Science Park, the compensation can amount to €100,000 or more. The sub-district judge of the District Court of The Hague (Leiden branch) determines the amount, often between 3 and 12 months' salary, based on recent cases. From 2025, the requirements will become stricter due to Supreme Court case law, relevant for employment disputes in Leiden.
No limit on cumulation with the transition payment, so the total amount can be considerably higher. Claim this only via UWV dismissal permit or proceedings before the Leiden sub-district court. Build evidence with emails, witness statements and local collective labour agreements, such as that for Leiden University.
Strategy for Leiden: Combine with transition claim for optimal result and contact the Juridisch Loket in Leiden (Stationsplein 22) for free advice. Success depends on the quality of your file, enhanced by regional expertise in highly educated sectors.