{"id":4880,"date":"2026-06-02T05:10:06","date_gmt":"2026-06-02T05:10:06","guid":{"rendered":"https:\/\/www.arbeidsjurist-eindhoven.nl\/?p=4880"},"modified":"2026-09-08T10:46:05","modified_gmt":"2026-09-08T10:46:05","slug":"termination-period-transition-payment-3-months","status":"publish","type":"post","link":"https:\/\/www.arbeidsjurist-eindhoven.nl\/en\/kennisbank\/vervaltermijn-transitievergoeding-3-maanden\/","title":{"rendered":"The time limit for transitional payments is 3 months; if you miss this, you're too late."},"content":{"rendered":"

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The limitation period for the transition payment<\/h2>\n

Upon dismissal you are in most cases entitled to a transition payment<\/a>, but that entitlement lapses sooner than you might think. The expiry period for the transition payment is three months<\/strong> after the end of your employment \u2014 and that period is absolute. If you wait too long, you may lose your entitlement for good.<\/p>\n

What is an expiry period and why is it different from a limitation period<\/h2>\n

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 \u2014 this is known as interruption. With an expiry period, that does not work. Once the period has passed, the right is definitively gone.<\/strong><\/p>\n

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.<\/p>\n

How does the 3-month period work exactly<\/h2>\n

The period starts running on the first day na<\/em> 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.<\/p>\n

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<\/em> of its own motion. This means the court will check this automatically, even if your employer says nothing about it.<\/p>\n

A letter of demand is not sufficient<\/h2>\n

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<\/strong> 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 \u2014 with all the consequences that entails.<\/p>\n

When you need to take action<\/h2>\n

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.<\/p>\n

Practical points to bear in mind so as not to miss the deadline:<\/p>\n