Transition Payment for Failure to Notify in Leiden
In Leiden, the transition payment for failure to notify provides statutory protection for employees on fixed-term contracts. If your employer in the Leiden region fails to give written notice at least one month before the end of your contract about whether it will be extended, you are entitled to compensation of up to one month's salary. This supplements the notification obligation under the Work and Security Act (WWZ) and offers security for Leiden residents in uncertain employment situations.
What does the notification obligation mean for Leiden employers?
Under the WWZ, employers must inform employees in writing, no later than one month before the end of a fixed-term contract, about any extension and its conditions. No notification? Then compensation follows. For more basic information on the employer's notification obligation, see our overview. In Leiden, we recommend Het Juridisch Loket Leiden for personal advice. The notification must be clear, preferably by email or registered mail – verbal information does not count. For contracts shorter than one month, the obligation does not apply.
Legal basis
This compensation is set out in Article 7:668a(10) of the Civil Code (BW): the employer must pay salary for the notification period in case of late or missing notice, up to one month maximum. It is separate from the general transition payment (Art. 7:673 BW). The WWZ (since 2015) and WAB (from 2020) form the foundation; the WAB reduced the main compensation to 1/3 month per year, but the failure-to-notify payment remains capped at one month.
When are you eligible in Leiden?
You can claim the payment if:
- Your fixed-term contract has run for more than six months (pro rata for shorter durations, max. one month).
- No written notification at least one month before the end.
- The contract ends without extension.
This claim is separate from the general transition payment, so both may apply upon dismissal after two years of service. More on the transition payment.
How much is the payment in practice?
The amount equals salary for the missed notification period, including fixed gross monthly salary, holiday pay, and allowances (excluding variable bonuses). Example: Contract ends 31 July without notification on 1 July? Entitled to full monthly salary, e.g. €3,200 gross.
| Situation in Leiden | Notification period | Payment |
|---|---|---|
| Contract ends 1 July, no notice before 1 June | 1 month | Full monthly salary |
| Contract ends 15 July, no notice before 15 June | ½ month | Half monthly salary |
| Contract shorter than 1 month | None | €0 |
Real cases from the Leiden region
Case 1: Lisa from Leiden had a contract until 1 September. No notification before 1 August, and the contract ended. She successfully claimed €2,900 (monthly salary) via the District Court of Leiden after a demand letter.
Case 2: Tom's contract until 31 December ended early on 15 October without notice before 15 September. Pro rata: 15/30 of €3,000 = €1,500.
Case 3: If extended after expiry without notification: no claim, obligation lapses. Only applies upon termination.
Your rights and employer obligations in Leiden
Employee rights:
- Claim via demand letter or District Court of Leiden (no court fee under €25,000).
- Stackable with transition payment.
- Time limit: 2 months after end (Art. 7:686a BW).
Employer obligations:
- Notify in writing and on time.
- Pay upon claim, or face interest and costs.
Your duties: Keep proof (contract, payslips, emails).
FAQs for Leiden residents
Do I have to calculate it myself?
No, the District Court of Leiden uses the average of the last three months. Unsure? Visit Het Juridisch Loket Leiden.
Payment upon extension?
No, only if it ends without timely notification.
No obligation for short contracts?
Yes, Art. 7:668a(5) BW: pro rata, but zero under 1 month.
Late notification?
Equivalent to untimely: pro rata for missing days.
Tips for Leiden employees
Claim your transition payment for failure to notify as follows:
- Send a demand letter within 2 months after end.
- Consult Het Juridisch Loket Leiden for a template.
- Go to District Court of Leiden if not paid.
- Keep all documents.
- Consider free advice hours at Municipality of Leiden for employment guidance.