Redundancy Payment on Dismissal via Eindhoven District Court

Transition payment upon dismissal via the subdistrict court

If you are dismissed and the procedure goes through the subdistrict court, you are in most cases entitled to a transition payment. However, with this dismissal route there are a few points to be aware of that determine how much your payment will be and whether you may even be entitled to more. This article explains exactly how that works.

When does dismissal proceed via the subdistrict court

Not every dismissal follows the same route. The reason for dismissal determines the path your employer must take. If the reason relates to you personally — such as underperformance, a disrupted working relationship, or frequent sick leave — your employer must submit a dissolution request to the subdistrict court. Only in cases of business economic reasons or long-term incapacity for work does the procedure run via the UWV.

The subdistrict court then assesses whether the stated reason for dismissal is sufficiently substantiated and whether your employer also considered whether redeployment to another role was possible. If the substantiation is insufficient, the court rejects the request and you simply remain in employment.

How the subdistrict court procedure unfolds, step by step

It helps to know what to expect if your employer initiates dissolution proceedings. The procedure broadly follows four steps and takes an average of around eight weeks.

• Verzoekschrift: your employer submits a dissolution request to the subdistrict court, setting out the reason for the dismissal.
• Verweerschrift: you are given the opportunity to respond in writing. You can contest the dismissal or alternatively request a fair compensation payment on top of the transition payment.
• Zitting: both parties may present their position orally. The judge asks questions and weighs up the arguments.
• Beschikking: the subdistrict court delivers its ruling. If the dismissal is granted, the court also determines the end date and the amount of any compensation.

Both you and your employer may lodge an appeal within three months of the ruling. For an appeal you are required to engage a lawyer.

Your right to a transition payment upon dissolution

As soon as the subdistrict court dissolves your employment contract, you are legally entitled to a transition payment. The amount depends on two factors: the length of your employment and your gross salary. The calculation is straightforward: you receive one third of a gross monthly salary for each full year worked. In 2026 the maximum transition payment is €102,000 gross. If you earn more than €102,000 per year, your annual salary serves as the cap.

It makes no difference to this entitlement whether you had a permanent or fixed-term contract. Nor does the subdistrict court formula — which was widely used in the past — play any role in the current procedure. It has been replaced by the statutory transition payment.

Additional compensation for a combined reason for dismissal

Sometimes your employer cannot make the grounds for dismissal sufficiently compelling on the basis of a single ground. The court may nevertheless grant the dismissal if multiple grounds for dismissal together carry sufficient weight — for example, underperformance combined with a seriously disrupted working relationship. However, please note: in such a case you as the employee are compensated for this 'partial proof'. The subdistrict court may then award an additional payment of up to half the transition payment on top of the amount you are already entitled to.

In addition, the court may award a fair compensation payment if your employer has acted seriously culpably. Examples include a serious breach of obligations or prolonged harassment. There is no statutory maximum for this fair compensation payment.

When your right to a transition payment lapses

There are exceptions in which you are not entitled to a transition payment upon dismissal via the subdistrict court:

• The court rules that you acted with serious culpability, for example in cases of serious dereliction of duty or theft.
• You have reached the state pension (AOW) age at the time of dismissal.
• You were under 18 years of age and worked a maximum of twelve hours per week.

In very exceptional circumstances, the subdistrict court may nonetheless award a (partial) transition payment, even where some degree of culpability on your part is involved. This is, however, a rare exception.

Practical tips if your employer submits a dissolution request

Have you received a dissolution request or been summoned to a hearing at the court in Oost-Brabant? Do not act hastily. A few practical points to bear in mind:

• Always respond in writing with a statement of defence; silence will be interpreted as consent.
• Check whether your employer has substantiated the grounds for dismissal sufficiently with a concrete file of evidence.
• Request the transition payment in your statement of defence if your employer has not explicitly mentioned it.
• Ask whether your employer has investigated whether redeployment within the organisation is possible.
• In cases of serious culpability on the part of your employer, do not shy away from claiming the fair compensation either.
• Always have the calculated transition payment checked; errors in the monthly salary or length of service are not uncommon.
• Engage an employment lawyer in good time; once the court order has been issued, the deadline for lodging an appeal runs quickly.

End date and payment following the court order

If the subdistrict court grants the dissolution request, the end date will be determined. The starting point is the notice period that would normally apply, but the duration of the dismissal proceedings may be deducted from this. A minimum notice period of one month always remains. If your employer has acted with serious culpability, the duration of the proceedings will not be deducted.

After the end date, your employer must pay the transition payment within one month. If this does not happen, you have three months to enforce payment through separate court proceedings by way of a petition. This limitation period cannot be extended, so do not wait too long.

Why Employment Lawyer Eindhoven

A dismissal procedure through the subdistrict court is a serious matter, and the outcome can have significant consequences for your income and future. At Arbeidsjurist Eindhoven, we know the local practice and help you maintain a clear overview in a complex situation. We assess your case, draft a strong statement of defence, and safeguard your right to a correct transition payment — and more where possible.

Would you like to know where you stand? Contact us without obligation for an initial consultation. We are here for employees in Eindhoven and the wider Brabant region.

Frequently asked questions

Am I always entitled to a transition payment if the subdistrict court approves my dismissal?

Yes, in most cases you are. Once the subdistrict court dissolves the employment contract at your employer's request, you are entitled by law to a transition payment. The main exception is if the court rules that you have acted in a seriously culpable manner — for example, in cases of theft or serious misconduct. There is also no entitlement to a transition payment upon reaching the state pension age (AOW), or in the case of an employment contract with a minor working a maximum of twelve hours per week.

How much is the transition payment for a dismissal via the subdistrict court in 2026?

The transition payment amounts to one third of a gross monthly salary for each full year of service. In 2026, the statutory maximum is €102,000 gross. If you earn more than €102,000 gross per year, your annual salary is the maximum. The calculation is based on your length of service and your gross salary, including holiday pay and fixed allowances.

Can I receive a higher payment than the standard transition payment through the subdistrict court?

Yes, in two situations. First, if the subdistrict court bases the dismissal on multiple grounds that are each individually insufficient: the court may then award an additional payment of up to half of the transition payment. Second, if your employer has acted in a seriously culpable manner: the subdistrict court may then award a fair compensation on top of the transition payment, for which no statutory maximum applies.

What can I do if my employer does not pay the transition payment after the court order?

Your employer is required to pay the transition payment within one month of the end date of the employment contract. If this does not happen, you have three months to enforce payment through a petition procedure before the subdistrict court. Please note: this three-month limitation period cannot be extended or interrupted. Do not wait too long, and engage an employment lawyer if necessary.

Can I defend myself if my employer files a dissolution request with the subdistrict court?

Absolutely. As an employee, you will be given the opportunity to submit a written statement of defence. In it, you can contest the grounds for dismissal, indicate that redeployment was not investigated, or request fair compensation yourself if your employer has acted in a seriously culpable manner. It is advisable to seek assistance from an employment lawyer, so that you do not lose any rights and your position is as strong as possible.

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.