{"id":4249,"date":"2021-10-13T21:36:34","date_gmt":"2021-10-13T21:36:34","guid":{"rendered":"https:\/\/moofpeople.com\/uncategorized\/transition-payment\/"},"modified":"2021-10-13T21:36:34","modified_gmt":"2021-10-13T21:36:34","slug":"transition-payment","status":"publish","type":"post","link":"https:\/\/moofpeople.com\/en\/knowledge-en\/transition-payment\/","title":{"rendered":"Transition payment"},"content":{"rendered":"<img loading=\"lazy\" decoding=\"async\" src=\"https:\/\/moofpeople.com\/wp-content\/uploads\/2021\/08\/Transitie.jpg\" alt=\"Transition\" itemprop=\"image\" height=\"1080\" width=\"1619\" title=\"Transition\" onerror=\"this.style.display='none'\">\n\t<p>Transition payment. When is someone entitled to it? How do you calculate the amount of the transition payment? Can the transition payment be settled? We have listed the most frequently asked questions for you.<\/p>\n  What is the transition payment?\n\t\t\t\t<p>A transition payment is a compensation that the employer must pay to the employee in the event of dismissal of an employee. On the one hand, it is intended as compensation for dismissal, on the other hand, the compensation is intended to facilitate the transition of employees to another job.<\/p>\n  Who is eligible for a transition payment?\n\t\t\t\t<p>All employees are entitled to a transition payment in the event of dismissal. In addition to the situation of dismissal, the right to a transition payment also applies if a temporary contract is not renewed. The employee is also entitled to a transition payment if he resigns himself, if he does so because his employer acted seriously culpably or was seriously culpably negligent.<\/p>\n  When is there no right to a transition payment?\n\t\t\t\t<p>The employer does not have to pay a transition fee in a number of cases:<br>\u25bc in the event of termination of the contract by mutual consent<br>\u25bc if the employee was dismissed because he acted seriously culpably or was seriously culpably negligent, unless the subdistrict court decides otherwise<br>\u25bc if the employee who has been dismissed is not yet 18 years old and worked on average no more than 12 hours per week<br>\u25bc if the employee has been dismissed because he has reached the AOW or other pensionable age or after reaching this age<br>\u25bc if an &#039;equivalent provision&#039; is included in a collective labor agreement to which the employer is subject<br>\u25bc if the employee has entered into a subsequent temporary contract with the employer before the (by operation of law) termination of a temporary contract. The condition is that the new contract starts after a maximum of 6 months after the end of the previous contract (and can be terminated prematurely).<\/p>\n  When is there a right to a transition payment at the end of the fixed-term contract?\n\t\t\t\t<p>If the contract is not renewed at the initiative of the employer, there is a right to a transition payment. If the employee himself renounts an extension, there is no right to the transition payment. The employee must then have received a reasonable offer for a new contract with similar conditions as in the current contract.<\/p>\n  How high is the transition payment?\n\t\t\t\t<p>An employee receives 1\/3 monthly salary per entire year of service from the first working day. The transition payment over the remaining part of the employment contract is calculated according to the formula: (gross salary received over remaining part of the employment contract \/ gross monthly salary) x (1\/3 gross monthly salary \/12). The latter formula is also used to calculate the transition payment if the employment contract has lasted less than one year. The compensation is a maximum of \u20ac83,000 gross. Or, if the annual salary is higher than \u20ac83,000, a maximum of 1 gross annual salary.<\/p>\n  What do you charge the transition fee for?\n\t\t\t\t<p>The transition payment is therefore based on two variables: the duration of the employment and the amount of the salary. For the amount of the salary, you add to the basic gross monthly salary any other salary and the holiday allowance. Think of other wages: fixed end-of-year bonus, shift allowances, overtime allowances, bonuses, profit distributions, variable end-of-year bonuses.<\/p>\n  Can the employer deduct costs from the transition payment?\n\t\t\t\t<p>Costs of, for example, outplacement or training can be deducted from the transition payment. Also costs that the employer has, because a longer notice period is used and the employee is exempt from work during this period. Did the employer incur costs during the employment contract to promote employability outside the organisation? Then these costs can also be deducted. The condition is that this has been agreed in advance.<\/p>\n  When does the employer have to pay the transition fee?\n\t\t\t\t<p>In principle, the employer must pay the transition payment in 1 time within one month after termination of the employment. If this possibly harms business operations, the employer can pay them in installations, spread over a maximum of 6 months. The employer then owes statutory interest from 1 month after the end of the contract. The interest is calculated on that part of the transition payment that has not yet been paid out.<\/p>\n\t\t\t<a href=\"https:\/\/moofpeople.com\/wp-content\/uploads\/2021\/08\/Kenniskaart-zwangerschapsverlof.pdf\" target=\"_blank\" role=\"button\" rel=\"noopener\">\n Download the knowledge map in PDF here.\n\t\t\t\t\t<\/a>","protected":false},"excerpt":{"rendered":"<p>Transition payment. When is someone entitled to it? How do you calculate the amount of the transition payment? Can the transition payment be settled? We have listed the most frequently asked questions for you. What is the transition payment? A transition payment is a compensation that the employer must pay to the employee\u2026<\/p>","protected":false},"author":7,"featured_media":4011,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[99],"tags":[121,105,114,130,101,132,129,109,102,112,106,126,108,119,104,113,110,100,111,128,122,116,124,123,117,118,125,103,133,127,131,120,107,115],"class_list":["post-4249","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-knowledge-en","tag-arbeid-op-maat-en","tag-arbeidspecialist-en","tag-arbeidsvoorwaarden-en","tag-balans-en","tag-betrouwbaar-en","tag-cultuur-en","tag-deskundig-en","tag-do-good-en","tag-gelijkwaardig-en","tag-hr-support-en","tag-live-en","tag-maatwerk-en","tag-make-en","tag-ontzorgen-en","tag-partner-en","tag-payroll","tag-payroll-processing","tag-pension-en","tag-persoonlijke-begeleiding-en","tag-piek-en","tag-professioneel-en","tag-rendement-en","tag-samenwerken-en","tag-specialist-en","tag-stress-en","tag-support-en","tag-tijdelijk-en","tag-toekomst-en","tag-training-en","tag-vakmanschap-en","tag-veranderingen-en","tag-werving-selectie-en","tag-work-en","tag-ziek-en"],"_links":{"self":[{"href":"https:\/\/moofpeople.com\/en\/wp-json\/wp\/v2\/posts\/4249","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/moofpeople.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/moofpeople.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/moofpeople.com\/en\/wp-json\/wp\/v2\/users\/7"}],"replies":[{"embeddable":true,"href":"https:\/\/moofpeople.com\/en\/wp-json\/wp\/v2\/comments?post=4249"}],"version-history":[{"count":0,"href":"https:\/\/moofpeople.com\/en\/wp-json\/wp\/v2\/posts\/4249\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/moofpeople.com\/en\/wp-json\/wp\/v2\/media\/4011"}],"wp:attachment":[{"href":"https:\/\/moofpeople.com\/en\/wp-json\/wp\/v2\/media?parent=4249"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/moofpeople.com\/en\/wp-json\/wp\/v2\/categories?post=4249"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/moofpeople.com\/en\/wp-json\/wp\/v2\/tags?post=4249"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}