You are entitled to a transition payment, but do you know whether the amount is correct? Or whether there is more to be negotiated? An employment lawyer specialising in transition payments in Eindhoven can help you at precisely the moment it truly matters. In this article you will find out when you need legal assistance and what you stand to gain from it.
What the transition payment in 2026 entails
The Transition Payment This is the statutory compensation you receive when your employer takes the initiative to terminate your employment contract. The calculation is straightforward: you accrue entitlement from your very first working day. The amount depends on your gross monthly salary and the length of your employment.
The following statutory principles apply for 2026:
- You receive one third of a monthly salary for each full year worked.
- Partial years of service also count on a pro-rata basis.
- The statutory maximum in 2026 is €102,000 gross, or one year's salary if that figure is higher.
This maximum was increased with effect from 1 January 2026 compared with the previous year, based on the annual indexation to contractual wage developments. Even so, knowing the calculation method does not automatically mean your employer has arrived at the correct figure.
Situations where you're better off not negotiating yourself
Many employees think when facing dismissal: it all seems straightforward, I'll sort it out myself. That is understandable, but employment law is full of details that can have significant consequences. The situations below are ones in which you would be wise to consult an employment lawyer without delay:
- You have received a settlement agreement. The calculation of compensation frequently contains errors, and a settlement agreement includes legal clauses with far-reaching consequences for your entitlement to unemployment benefit, among other things.
- You're not sure if the amount offered is correct. Employers don't always include all salary components, such as holiday pay, bonuses or shift allowances.
- You are being made redundant whilst on sick leave or following a redundancy exercise. In such situations, special rules apply regarding protection against dismissal and the level of compensation.
- Your employer refuses to pay or pays late. Once your employment has ended, there is a strict three-month limitation period within which you must take legal action to enforce your claim.
- You want to receive more than the statutory minimum payment. In a settlement agreement, the termination payment is a negotiating point; an experienced employment lawyer will typically secure a better outcome.
What an employment lawyer actually does for you
An employment lawyer specialising in transition payments looks beyond the figure at the bottom of the page. He or she reviews the entire termination arrangement, identifies inaccuracies in the calculation and assesses the other provisions of the agreement. This includes the release from work, the non-compete clause, the end date and the wording around the neutral reason for dismissal, which is important for your unemployment benefit claim.
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Plan a conversationIn addition, an employment lawyer will negotiate better terms on your behalf. In most cases, the cost of legal assistance is covered by the settlement, meaning you do not have to pay for it yourself. This makes seeking help at an early stage a sensible choice from a financial point of view as well.
Practical steps when you are dismissed
Not sure where to start? Follow these steps:
- Don't put anything in writing and don't sign anything until you've taken advice.
- Keep a record of all communications with your employer, including those via email or messaging apps.
- Note down your exact start date, type of contract and all salary components you receive.
- Consult an employment lawyer as soon as possible; do not wait until just before a deadline.
- Can a contribution towards legal costs be included in the settlement?.
- Have the payment date checked as well: the transition payment must be made no later than one month after the end of the employment contract.
The sooner you act, the stronger your position
A common mistake is waiting until the situation has reached a deadlock. Once you've agreed to a proposal or sent an email confirming your acceptance, it becomes considerably more difficult to negotiate. It's therefore best to bring in an employment lawyer before any form of agreement has been put on the table. The sooner you act, the more scope there is to reach a better settlement.
This applies not only to long-serving employees or those on high salaries. Even with a contract lasting just a few years or a modest salary, the outcome can be significantly different with the right guidance. Every situation deserves a fair assessment.
Why Labour Lawyer Eindhoven
At Arbeidsjurist Eindhoven, we support employees in the Eindhoven and Brabant region with expert advice on transition payments and termination arrangements. We know the local labour market, are transparent about costs, and always assess your situation on an individual basis. Have you been dismissed or received a settlement agreement? Contact us without obligation. We would be happy to discuss what you may be entitled to claim and how we can achieve that together.
Frequently asked questions
When should I bring in an employment lawyer for my transition payment?
It is advisable to involve an employment lawyer as early as possible, preferably as soon as you learn that you are being dismissed or have received a settlement agreement. The earlier you seek legal advice, the more room there is for negotiation. In any event, do not wait longer than necessary, as after the end of your employment a three-month limitation period applies within which you must claim the transition payment through the courts.
What is the maximum transition payment in 2026?
In 2026, the statutory maximum transition payment is €102,000 gross. If your annual salary exceeds this amount, your annual salary serves as the statutory maximum. The maximum is indexed annually in line with contractual wage developments.
Do I have to pay the employment lawyer's fees for the transition payment myself?
Not necessarily. In most cases, when negotiating a settlement agreement, a contribution towards legal costs is included in the arrangement with the employer, meaning it is the employer who pays for your legal assistance. Discuss this at your first meeting with your employment lawyer.
Can I receive more than the statutory redundancy payment?
Yes, that is certainly possible when dismissal takes place via a settlement agreement. The termination payment then serves as the statutory minimum, but the employer and employee are free to agree a higher termination payment. An employment lawyer can conduct the negotiation on your behalf to achieve the best possible outcome.
What if my employer does not pay the severance payment or pays it late?
The employer is obliged to pay the transition payment no later than one month after the end of the employment contract. If this does not happen, you are entitled to statutory interest on the outstanding amount. If payment continues to be withheld, you can enforce your entitlement through the courts. Please note: a three-month limitation period applies. Engage an employment lawyer in good time.
We're happy to help you brainstorm ideas. For advice tailored to your specific situation, we'd be happy to sit down with you. No rights can be derived from the content of this page and it may contain inaccuracies.
