The time limit for transitional payments is 3 months; if you miss this, you're too late.

The limitation period for the transition payment

Upon dismissal you are in most cases entitled to a transition payment, but that entitlement lapses sooner than you might think. The expiry period for the transition payment is three months after the end of your employment — and that period is absolute. If you wait too long, you may lose your entitlement for good.

What is an expiry period and why is it different from a limitation period

Many employees assume they can claim their transition payment for years to come, just like a wage claim. Unfortunately, that is a misconception. An expiry period is different from a limitation period. With a limitation period, you can restart the clock by sending a letter or taking action in time — this is known as interruption. With an expiry period, that does not work. Once the period has passed, the right is definitively gone.

The expiry period for the transition payment is laid down in Article 7:686a paragraph 4 sub b of the Dutch Civil Code. This article provides that your right to submit a petition to the subdistrict court lapses three months after the day on which the employment contract ended. You cannot interrupt or extend this period.

How does the 3-month period work exactly

The period starts running on the first day na after the last day of your employment. According to the Supreme Court, the period ends on the day bearing the same date number, 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 by virtue of the General Extension of Time Limits Act.

Important to know: the court does not need to wait for your employer to invoke the limitation period. The subdistrict court is obliged to examine this ambtshalve of its own motion. This means the court will check this automatically, even if your employer says nothing about it.

A letter of demand is not sufficient

A common mistake is to assume that a letter or e-mail to your employer stops the time limit from running. This is not the case. Only the actual submission of a petition to the subdistrict court counts. If you first send a letter of demand, 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 you need to take action

You do not need to go to the subdistrict court immediately 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. However, as soon as it becomes clear that your employer is not paying, or is paying too little, you must act quickly.

Practical points to bear in mind so as not to miss 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.
• Do not forget that a letter of demand, a notice of default, or an e-mail does not stop the limitation period from running. niet stuit.
• Engage an employment lawyer in good time — if in doubt, well before the deadline.
• Check whether the end date is correct: a notice of dismissal 'as of 1 April' may mean that the employment ended on 31 March, with consequences for the precise deadline.
• Bear in mind weekends and public holidays falling 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 held in highly exceptional circumstances that it may be unacceptable by standards of reasonableness and fairness to use the expiry of the period entirely against the employee. This may arise, for example, where the employer itself has promised to pay the transition payment, and only after the period has elapsed argues that the right has lapsed. Courts are, however, extremely reluctant to accept this. As an employee in Eindhoven or elsewhere in Brabant, you absolutely cannot assume that such an exception will apply to you. The general rule remains: three months, not a day longer.

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 contract. If payment is late, the employer also owes statutory interest on the outstanding amount. If payment is not made at all, you have those three months to enforce payment through the subdistrict court. In 2026, the maximum transition payment is €102,000 gross, or one year's salary if that amount is higher.

Why Employment Lawyer 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 will help you quickly and clearly map out where you stand, whether the time limit is still running, and what steps are best for you to take — without any hassle and without any 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 three-month limitation period start running?

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 up to and including 30 July. If that date falls on a Saturday, Sunday, or public holiday, the deadline shifts to the next working day.

Does a demand letter or letter of notice stop the limitation period?

No. A letter, email, or telephone conversation with your employer does not interrupt the limitation period. Only filing a petition with the subdistrict court counts. If you wait too long for a response from your employer, you may permanently lose your right.

What happens if I miss the three-month limitation period?

Your right to the transition payment lapses entirely. The subdistrict court is even required to examine this of its own motion, even if your employer does not raise it. In very exceptional circumstances a court may decide otherwise, but you should not count on this.

Does the three-month period also 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 time limit. If payment is not made and the period expires, you risk losing your entitlement. Seek legal advice in good time if payment fails to materialise.

Do I have to go to the subdistrict court immediately if the transition payment has not been paid?

Not necessarily straight away, but you must file a petition within three months of the end of your employment if your employer does not pay or pays too little. Engage an employment lawyer as soon as it becomes clear that payment is not forthcoming, so that you can take action in time.

We are happy to think along with you. For advice tailored to your situation, we would be glad to talk. No rights can be derived from the content of this page and it may contain inaccuracies.