When dismissed, you are in most cases entitled to a Transition Payment, but that right disappears more quickly than you might think. The limitation period for the transition payment is three months after the end of your employment — and that deadline is absolute. Wait too long, and you may lose your entitlement for ever.
What is a limitation period and why is it different from a prescription period
Many employees assume they can claim their transition payment years later, just as they might with a wage claim. Unfortunately, that is a misconception. A limitation period is not the same as a prescription period. With a prescription period, you can reset the clock by sending a letter or taking action in time — this is known as interruption. A limitation period does not work that way. Once the period has expired, the right is gone for good.
The limitation period for the transition payment is laid down in Article 7:686a paragraph 4(b) of the Dutch Civil Code. This article provides that your right to submit a petition to the cantonal court expires three months after the day on which the employment contract ended. You cannot interrupt or extend this period.
How exactly does the 3-month period work
The period begins to run on the first day after the last day of your employment. According to the Supreme Court, the period ends on the day bearing the same date, three calendar months later. If your contract ended on 15 March, you have until 15 June inclusive. If the final day of the period falls on a Saturday, Sunday, or official public holiday, the deadline shifts to the next working day under the General Extension of Time Limits Act.
It is important to note that the court does not need to wait for your employer to invoke the limitation period. The cantonal court is obliged to examine this of its own motion. This means the court checks it automatically, even if your employer says nothing about it.
A letter of demand is not sufficient
A common mistake is assuming that a letter or e-mail to your employer stops the clock. It does not. Only the actual submission of a petition to the cantonal court counts. If you first send a demand letter, wait for a response, and only then submit a petition, you risk the three months having elapsed in the meantime — with all the consequences that entails.
When should you take action
You do not need to go straight to the cantonal court if your employer simply pays the transition payment. The right only lapses when a dispute arises and you fail to submit a petition in time. But as soon as it becomes clear that your employer is not paying, or is underpaying, you must act quickly.
Plan een vrijblijvend gesprek en ontdek wat we voor je kunnen betekenen.
Plan een gesprekPractical points to help you avoid missing the deadline:
- Note down the end date of your employment immediately and count three calendar months forward.
- Do not wait for a response from your employer; that response may arrive after the deadline.
- Remember that a demand letter, formal notice, or e-mail does not interrupt the limitation period.
- Engage an employment lawyer in good time — if in doubt, well before the deadline.
- Check that the end date is correct: a notice given ‘with effect from 1 April’ may mean the employment ended on 31 March, which affects the precise deadline.
- Bear in mind weekends and public holidays at the end of the period.
Is an exception ever possible
In principle the limitation period is absolute: too late is too late. Nevertheless, case law has ruled in highly exceptional circumstances that it may be unacceptable, by standards of reasonableness and fairness, to hold the employee fully to the expired deadline. This may arise, for example, where the employer itself promised to pay the transition payment, and only after the period had expired claimed that the right had lapsed. Judges are, however, extremely reluctant to accept this argument. As an employee in Eindhoven or elsewhere in Brabant, you absolutely cannot count on such an exception applying to you. The general rule remains: three months, not a day more.
Transition payment and the employer’s obligation to pay
Your employer is legally required to pay the transition payment no later than one month after the end of the employment. If payment is late, the employer is also liable for statutory interest on the outstanding amount. If no payment is made at all, you have those three months to enforce payment through the cantonal court. In 2026, the maximum transition payment is €102,000 gross, or one year’s salary if that amount is higher.
Why Arbeidsjurist Eindhoven
At Arbeidsjurist Eindhoven, we know how quickly three months can pass, especially when you have just been dismissed and have a great deal on your mind. We help you quickly and clearly establish where you stand, whether the deadline is still running, and what steps are best to take — without any hassle and without surprises afterwards. Do you have questions about your situation or would you like to know whether you are still in time? Contact us without obligation. We are happy to think things through with you.
Frequently asked questions
From what point does the 3-month limitation period start to run?
The limitation period begins on the first day after the last day of your employment. If your contract ended on 30 April, for example, the period runs until 30 July inclusive. If that date falls on a Saturday, Sunday, or public holiday, the deadline shifts to the next working day.
Does a demand letter or formal notice stop the limitation period?
No. A letter, e-mail, or telephone conversation with your employer does not interrupt the limitation period. Only the submission of a petition to the cantonal court counts. If you wait too long for a response from your employer, you may lose your right for good.
What happens if I exceed the 3-month limitation period?
Your entitlement to the transition payment lapses entirely. The cantonal court is even obliged to examine this of its own motion, even if your employer does not raise it. In very exceptional circumstances a court may rule otherwise, but you cannot rely on this.
Does the 3-month period still apply if my employer has promised to pay?
In principle, yes. Even if your employer has agreed to pay the transition payment, you must keep an eye on the deadline. If payment is not made and the period expires, you risk losing your entitlement. Seek legal advice promptly if payment is not forthcoming.
Do I need to go to the cantonal court immediately if the transition payment has not been paid?
Not necessarily straight away, but you must submit a petition within three months of the end of your employment if your employer fails to pay or underpays. Engage an employment lawyer as soon as it becomes clear that payment is not coming, so that you can take action in time.
We are happy to think along with you. For advice tailored to your situation we would gladly sit down with you. No rights can be derived from the content of this page and it may contain inaccuracies.
