As from 1 July 2015 an employer has to pay the statutory transitional payment (transitievergoeding) if the employment contract has ended on initiative of the employer and the employment contract has had a duration of at least 24 months. An additional payment (billijke vergoeding) can then be granted in case of a seriously culpable act or omission of the employer. By now five judgments appeared in which the additional payment was granted. It is not possible yet to recognize a clear trend. In two judgments the court ruled the additional payment as high as the statutory transitional payment. In the third judgment, the court ordered the employer to pay an additional payment of € 50.000, beside the transitional payment of, in this case, € 16.000. In the fourth judgment, an additional payment of € 8.000 was granted beside the statutory transitional payment of €20.000. In the fifth judgment, an additional payment of € 15.000 was granted beside the statutory transitional payment of € 31.000.
Netherlands