If you are being dismissed and the procedure is going through the district court, you are in most cases entitled to a Statutory Redundancy Payment. However, there are a few important points regarding this dismissal route that determine how much your payment will be and even whether you may be able to claim more. In this article, you can read exactly how this works.
When is dismissal handled via the district 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 seriously disrupted working relationship, or frequent sickness absence — then your employer must submit a dissolution request to the district court. Only in cases of economic redundancy or long-term incapacity for work does the procedure go through the UWV (Employee Insurance Agency).
The district court then assesses whether the stated reason for dismissal is sufficiently substantiated and whether your employer has also considered whether redeployment to a different role was possible. If the substantiation is insufficient, the court will reject the request and you will simply remain in employment.
How the district court procedure works step by step
It is helpful to know what to expect when your employer initiates a dissolution procedure. The procedure broadly takes place in four steps and lasts on average around eight weeks.
- Petition: your employer submits a dissolution request to the district court, setting out the reason for dismissal.
- Statement of defence You have the opportunity to respond in writing. You can challenge the dismissal or indeed request additional fair compensation on top of the statutory redundancy payment.
- Hearing Both parties can state their case verbally. The judge asks questions and considers the arguments.
- Verdict The district court delivers its judgment. If the dismissal is granted, the court also sets the termination date and the amount of compensation.
Both you and your employer have three months from the date of the decision to lodge an appeal. To appeal, you must instruct a solicitor.
Your right to a statutory redundancy payment on dissolution
Once the district court dissolves your employment contract, you are legally entitled to a statutory redundancy 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 statutory redundancy payment is €102,000 gross. If you earn more than €102,000 per year, your annual salary serves as the maximum.
Whether you had a permanent or temporary contract makes no difference to this entitlement. The district court formula — which was widely used in the past — no longer plays any role in the current procedure. It has been replaced by the statutory redundancy payment required by law.
Additional compensation for a joint reason for dismissal
Sometimes your employer cannot make the case for dismissal strongly enough on a single ground. The court may nonetheless grant the dismissal if multiple grounds together carry sufficient weight — for example, underperformance and a seriously disrupted working relationship. However, bear in mind that in such a case you as the employee are rewarded for this ‘partial proof’. The district court may then award additional compensation of up to half the statutory redundancy payment on top of the amount you are already entitled to.
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Plan a conversationFurthermore, the court can award fair compensation if your employer's actions have been seriously blameworthy – for instance, a grave breach of duties or persistent harassment. There is no legal upper limit on this fair compensation.
When you lose your entitlement to a statutory redundancy payment
There are exceptions where you are Not entitled to a statutory redundancy payment upon dismissal via the county court
- The court rules that you have acted in a seriously culpable manner, for example in cases of serious misconduct or theft.
- You have reached state pension 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 district court may still award a (partial) statutory redundancy payment even where there is some degree of culpability on your part. This is, however, a rare exception.
Practical tips when 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 is interpreted as consent.
- Check whether your employer has sufficiently substantiated the reason for dismissal with concrete documentation.
- Request the statutory redundancy payment in your defence statement if your employer has not explicitly mentioned it.
- Enquire whether your employer has investigated the possibility of redeployment within the organisation.
- Do not shy away from claiming fair compensation if your employer has acted in a seriously culpable manner.
- Always have the calculated redundancy payment checked; errors in the monthly salary or length of service are not uncommon.
- Engage an employment lawyer promptly; after the ruling, the deadline for appeal approaches quickly.
End date and payment following the ruling
If the district court grants the dissolution request, the end date is established. The starting point is the notice period that would normally apply, but the duration of the dismissal procedure may be deducted from this. A minimum notice period of one month always remains. If your employer has acted in a seriously culpable manner, the procedural time is not deducted.
After the end date, your employer must pay the statutory redundancy payment within one month. If this does not happen, you have three months to enforce payment through a separate petition procedure at the court. This limitation period cannot be extended, so do not leave it too late.
Why Labour Lawyer Eindhoven
A dismissal procedure via the district court is a significant event, and the outcome has major 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 file, draft a strong statement of defence, and safeguard your right to a correct statutory redundancy payment — and more where that is possible.
Fancy knowing where you stand? Contact us for an introductory, no-obligation consultation. We assist employees in Eindhoven and across the rest of the Brabant region.
Frequently asked questions
Are you always entitled to a statutory redundancy payment if your dismissal is approved by the district court?
Yes, in most cases, you are. Once the district court dissolves the employment contract at your employer's request, you are legally entitled to a statutory redundancy 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 gross misconduct. You are also not entitled to a statutory redundancy payment upon reaching state pension age, or if the employment involved a minor working a maximum of twelve hours per week.
How much is the statutory redundancy payment upon dismissal via the district court in 2026?
The statutory redundancy payment amounts to one third of a gross monthly salary for each full year worked. In 2026, a statutory maximum of €102,000 gross applies. 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 pay, including holiday allowance and fixed supplements.
Can I receive a higher payment than the standard statutory redundancy payment via the district court?
Yes, in two situations. Firstly, if the district court bases the dismissal on multiple grounds that are each individually insufficient: the court may then award additional compensation of up to half the statutory redundancy payment. Secondly, if your employer has acted in a seriously culpable manner: the district court may then award fair compensation on top of the statutory redundancy payment, for which there is no statutory maximum.
What can I do if my employer does not pay the statutory redundancy payment after the ruling?
Your employer is required to pay the statutory redundancy payment within one month of the end date of your employment contract. If this does not happen, you have three months to enforce payment through a petition procedure at the district 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.
Yes, you can defend yourself if your employer submits a dissolution request to the district court.
Absolutely. As an employee, you are given the opportunity to submit a written statement of defence. In it, you can dispute the reason for dismissal, point out that redeployment has not been investigated, or request fair compensation yourself if your employer has acted in a seriously culpable manner. It is advisable to be assisted by an employment lawyer in doing so, to ensure you do not lose any rights and your position is as strong as possible.
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.
