{"id":4418,"date":"2026-05-31T19:17:58","date_gmt":"2026-05-31T19:17:58","guid":{"rendered":"https:\/\/www.arbeidsjurist-eindhoven.nl\/?p=4418"},"modified":"2026-10-09T12:07:11","modified_gmt":"2026-10-09T12:07:11","slug":"transition-payment-settlement-agreement-after-illness","status":"publish","type":"post","link":"https:\/\/www.arbeidsjurist-eindhoven.nl\/en\/kennisbank\/transitievergoeding-vaststellingsovereenkomst-na-ziekte\/","title":{"rendered":"Transition payment in a settlement agreement after long-term illness: what are you entitled to?"},"content":{"rendered":"

<\/p>\n

Transition payment in a settlement agreement following long-term illness<\/h2>\n

Even in a settlement agreement following long-term illness, you may be entitled to a transition payment. Read below for what to look out for and what you can claim.<\/p>\n

Na een langdurig ziektetraject biedt jouw werkgever je soms een settlement agreement<\/a><\/a> aan. Een vraag die dan direct opkomt: heb ik recht op een transitievergoeding? Het korte antwoord is ja \u2013 maar de hoogte en de voorwaarden hangen sterk af van jouw situatie, en in een vaststellingsovereenkomst staat lang niet altijd automatisch het juiste bedrag.<\/p>\n

What is a transition payment and when are you entitled to one?<\/h2>\n

The transition payment is a statutory payment you receive when your employment ends at the initiative of the employer. This also applies if you are dismissed after two years of illness or if you sign a settlement agreement by mutual consent. The condition is that you yourself must not be the party who takes the initiative to terminate the contract.<\/p>\n

Following the 2020 legislative amendment, you are entitled to a transition payment from the very first day of your employment. There is no longer a minimum number of years of service required. Generally speaking, the longer you have been employed, the higher the payment will be.<\/p>\n

How is the transition payment calculated?<\/h2>\n

The calculation is straightforward in principle: you receive one third of a monthly salary for each year worked. For partial years, a pro-rata calculation applies. This is based on the gross monthly salary including fixed components such as holiday pay, a fixed bonus, or a fixed expense allowance.<\/p>\n

Please note: in cases of illness, the calculation continues over the full period of your employment, including the years during which you were ill and received reduced pay or no pay at all. The transition payment is based on your contractual salary, not on what you actually received during your period of illness.<\/p>\n

Transition payment in a settlement agreement: what should you look out for?<\/h2>\n

A settlement agreement is the result of negotiation. This means there is scope to agree on more than just the statutory transition payment. At the same time, it does happen that employers \u2014 whether intentionally or not \u2014 include too low an amount, or leave the transition payment out of the proposal altogether.<\/p>\n

Therefore, always check the following before you sign:<\/p>\n