You have been dismissed, you are entitled to a statutory redundancy payment, but the money never arrives. That is both frustrating and financially serious. Fortunately, the law is on your side: there are clear steps you can take to obtain what you are owed.
When must your employer pay
The law is unambiguous about the payment deadline. Your employer is required to transfer the statutory redundancy payment no later than one month after the end of the employment contract. If payment is not made on time, the clock starts ticking immediately: from the second month onwards, your employer owes statutory interest on the outstanding amount.
Has a payment arrangement been agreed in writing in advance? In that case, the employer may pay the redundancy payment in instalments spread over a maximum of six months. This is, however, the exception rather than the rule, and requires an explicit, prior written agreement.
Reasons why employers do not pay
In practice, there are various reasons why an employer fails to pay the statutory redundancy payment in full or at all. Sometimes the employer simply denies that an entitlement exists, for example by claiming that you were seriously at fault. In other cases, the employer deliberately calculates too low an amount by excluding certain pay components from the calculation. Think of holiday pay, a fixed year-end bonus or a regular bonus — all elements that must be included. And sometimes the company’s deteriorating financial position plays a role, although this generally does not exempt the employer from the obligation to pay.
Five steps if your employer does not pay
If you cannot resolve the matter yourself, take the following steps in the correct order:
- Put your claim in writing. Send a letter or email reminding your employer of the payment obligation and setting a specific payment deadline. This also serves as evidence in any future proceedings.
- Calculate your payment yourself. Check via the official calculator on the Dutch Government website whether the amount offered is correct. In 2026, the maximum statutory redundancy payment is €102,000 gross, or one year’s salary if that is higher. The payment accrues at one third of a month’s salary for each full year of service.
- Issue a formal demand if refusal continues. If your employer does not respond, send a formal demand letter by registered post. State the amount owed, the due date and that you are considering legal action.
- Engage an employment lawyer. An employment lawyer will assess your situation, verify that the calculation is correct and conduct correspondence on your behalf. This considerably strengthens your position.
- Submit a petition to the cantonal court. If the employer still refuses to pay after all of the above, you can apply to the cantonal court. Bear in mind that a strict time limit applies: you must submit your petition within three months of the end of your employment. If you wait longer, you lose the right to enforce payment through the courts.
The three-month deadline is critical
The three-month time limit is absolute and enshrined in law. After your employment ends, you have precisely that amount of time to submit a petition to the cantonal court if your employer refuses to pay or transfers too little. This also applies if you believe the employer has calculated too low an amount. Do not wait in the hope that things will sort themselves out — doing so will cost you your legal protection.
Plan een vrijblijvend gesprek en ontdek wat we voor je kunnen betekenen.
Plan een gesprekAre you unsure whether the three months are nearly up? Contact an employment lawyer immediately so that you can still act in time.
What can the cantonal court do
The cantonal court can order the employer to pay the full statutory redundancy payment, including any statutory interest that has accrued. If the employer has also acted seriously culpably in bringing about the dismissal, the court may additionally award an equitable compensation payment. This equitable compensation has no statutory maximum and can, in exceptional cases, be substantial.
Bear in mind that the court may also take legal costs into account. A well-substantiated petition, preferably drafted by a lawyer, increases the likelihood of a favourable outcome.
Exception: employer insolvency
If your employer has been declared bankrupt or granted a suspension of payments, a special exception applies. In that case, the employer is generally no longer able to meet the payment obligation. The statutory redundancy payment then becomes a claim against the insolvency estate, but in practice there is often little to distribute in a bankruptcy. In such a situation, it is advisable to seek legal advice promptly regarding alternative options.
Practical tips to strengthen your position
- Keep all correspondence with your employer regarding the dismissal, including text messages and emails.
- Note the exact date on which your employment ended — this is the starting point of the three-month deadline.
- Calculate your statutory redundancy payment on the basis of your full monthly salary including holiday pay and any fixed allowances.
- Always put a formal demand letter in writing and send it by registered post so that you have proof of receipt.
- Do not wait until the final week of the deadline; seek assistance in good time.
- Always ask a lawyer to verify whether the amount offered has been calculated fully and correctly.
Why Arbeidsjurist Eindhoven
At Arbeidsjurist Eindhoven, we understand how serious it is when your employer fails to come through with what they owe. We assist employees in Eindhoven and the Brabant region in claiming the statutory redundancy payment to which they are entitled: from an initial assessment of your situation to drafting a petition for the cantonal court. Contact us without obligation and we will work with you to determine the best course of action in your case.
Frequently asked questions
How long does my employer have to pay the statutory redundancy payment?
Your employer must pay the statutory redundancy payment no later than one month after the end of the employment contract. If payment is made later, statutory interest is owed on the outstanding amount from that point onwards.
What is the final deadline for involving the cantonal court if my employer does not pay?
You have three months from the end of your employment to submit a petition to the cantonal court. After those three months, your right to enforce payment through the courts lapses. It is therefore important to act swiftly.
Can my employer refuse the statutory redundancy payment by claiming I was at fault?
Only in cases of serious culpable conduct on your part — such as theft or fraud — can the employer refuse to pay the statutory redundancy payment. Ordinary disputes, underperformance or a difference of opinion are generally insufficient grounds for refusal. The threshold for 'serious culpability' is high.
What if my employer pays too little in statutory redundancy?
If the amount paid is too low — for example because pay components such as holiday pay or a regular bonus have been omitted — you can also take that matter to the cantonal court. The three-month deadline applies in this situation as well. Have an employment lawyer check the calculation before the deadline expires.
What is the maximum statutory redundancy payment in 2026?
In 2026, the maximum statutory redundancy payment is €102,000 gross. If you earn more than €102,000 per year, your annual salary serves as the maximum. The payment accrues at one third of a month's salary for each full year of service.
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