Working past state pension age is becoming increasingly common, but what are your rights if you are dismissed as a working pensioner? The general rule is clear: anyone dismissed after reaching state pension age is, in principle, not entitled to a statutory redundancy payment (transitievergoeding). However, there are situations where this is more nuanced, and that is precisely where the pitfall lies for both employee and employer.
No redundancy pay when dismissed at or after state pension age
The law makes an unambiguous choice on this matter. If your employment contract is terminated at the point you reach state pension age, or at any point thereafter, you are not entitled to a redundancy payment. This applies irrespective of how long you have been employed by that employer. The rationale for this is that as a state pensioner you receive a pension income and therefore do not need to seek alternative employment.
This is also set out on the Dutch Government website: you have no right to a redundancy payment if you have been dismissed because you have reached state pension age or another pensionable age. The same applies to anyone who simply continues working after reaching that age and is subsequently dismissed at a later point.
The state pension age will be 67 from 2026.
The state pension age in 2026 is 67. This remains the same in 2027. After that the threshold rises: from 2028 through to 2031 the state pension age will be 67 years and 3 months. The exact age depends on your date of birth, as the state pension age is linked to life expectancy and is determined five years in advance each year.
Dismissal shortly before state pension age
This is where it gets interesting. If you are dismissed before you have reached state pension age, the normal dismissal rules apply in full. You are therefore entitled to a redundancy payment, calculated over your entire period of employment. The Dutch Supreme Court confirmed this explicitly in 2018: even someone dismissed shortly before pensionable age is fully entitled to the statutory redundancy payment. The payment is not capped at the income loss up to the pension date.
This can make a considerable financial difference for employers, particularly in the case of employees with a long period of service. For you as an employee, it is therefore crucial to know the date on which the employment contract formally ends and whether that date falls before or after your personal state pension date.
How much is the redundancy payment in 2026?
For those entitled to a redundancy payment in 2026, the following applies. The payment amounts to one third of a gross monthly salary for each complete year of service, calculated from the first working day. Partial years count on a pro rata basis. The statutory maximum in 2026 has been set at €102,000 gross. If your annual salary exceeds this figure, your annual salary serves as the maximum.
For comparison: in 2025 the maximum was still €98,000. The increase arises from the annual indexation based on the development of contractual wages.
Dificultats particulars que requereixen atenció addicional
There are a number of situations surrounding dismissal and state pension age where your legal position warrants particular attention:
- Continuing to work after state pension age on a fixed-term contract: Employers can offer state pensioners a maximum of six consecutive fixed-term contracts within a four-year period. If such a contract expires by operation of law, you are not entitled to a redundancy payment.
- Dismissal due to illness: for state pensioners, the obligation to continue paying wages during illness is reduced to a maximum of six weeks, rather than two years. If the contract is terminated during a period of illness, there may still be an entitlement to Sickness Benefit (Ziektewetuitkering), but the redundancy payment will lapse.
- Redundancy In the event of a redundancy exercise, employers are legally required to dismiss working pensioners first. If that dismissal takes place before your state pension date, you are entitled to the redundancy payment.
- Settlement agreement (vaststellingsovereenkomst/VSO): If you are asked to sign a VSO when approaching your state pension age, it is of great importance to check whether the termination date falls before or after your state pension age. That date determines both whether you are entitled to a payment and whether you qualify for unemployment benefit (WW).
- Seriously culpable conduct by the employer: even if you have already reached state pension age, a court may in exceptional circumstances award fair compensation where there is seriously culpable conduct on the part of the employer.
Practical tips as retirement approaches around your State Pension date
- Always check your exact State Pension date via the SVB and compare it with the proposed redundancy date.
- Always have a VSO or dismissal proposal reviewed before you sign, especially if the end date is close to your state pension age.
- Write to your employer requesting the calculation of your redundancy pay, where it is due, specifying the salary components that were included.
- Check your collective agreement (cao) or employment contract to see whether an automatic termination clause has been included upon reaching state pension age. Such a clause is only valid if it has been recorded in writing.
- Be aware that the law requires employers to pay the redundancy payment within one month of the end of employment. If payment is late, you are entitled to statutory interest.
- If you are in any doubt, seek legal advice in good time so that you are not faced with unwelcome surprises after the event.
Would you like to know precisely what your rights are? Then do also read our comprehensive page on Redundancy Pay for a complete overview of the rules and amounts in 2026.
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When dismissal occurs around state pension age, the dividing line between being entitled to a redundancy payment and not can sometimes come down to a matter of weeks or even days. This makes it a situation where a small error can have significant financial consequences. At Arbeidsjurist Eindhoven we know the local practice and will help you quickly and personally to get the clarity you need. Whether you are an employee who wants to know your rights or an employer who wants to understand where you stand: please feel free to contact us without obligation. We are happy to think things through with you.
Frequently asked questions
Am I entitled to a redundancy payment if I am dismissed after reaching state pension age?
No. If you are dismissed on or after the day you reach state pension age, you have no entitlement to a redundancy payment. This also applies if you continued working for the same employer for a number of years after that point. The law assumes that as a state pensioner you receive a pension income and have no need of a financial bridge to a new job.
What if I am dismissed shortly before my state pension date? Am I entitled to a redundancy payment in that case?
Yes, absolutely. If you are dismissed before you reach state pension age, the normal dismissal rules apply in full. You're then entitled to the full statutory redundancy payment, calculated over your entire period of employment. The Supreme Court confirmed this in 2018: the payment isn't limited to the income loss up to your pension date.
The maximum statutory redundancy pay is capped at €17,187.
The maximum redundancy payment in 2026 is €102,000 gross. If your annual salary exceeds this amount, your annual salary serves as the maximum. The payment is calculated on the basis of one third of a gross monthly salary for each complete year worked, including partial years on a pro rata basis.
The state pension age will be 67 from 2026.
The state pension age is set at 67 in 2026. This remains the same in 2027. From 2028 onwards, the state pension age will rise to 67 years and 3 months. Your exact personal state pension date depends on your date of birth and can be requested from the SVB.
Can an employer simply dismiss a working pensioner in a redundancy situation?
In a redundancy situation, employers are legally required to dismiss employees who have reached state pension age first. If the dismissal therefore takes place after you have already reached state pension age, you have no entitlement to a redundancy payment. However, if your contract is terminated before your state pension date, you are entitled to the full payment.
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.
