The fair compensation, regulated in article 7:681 DCC, is an additional sanction for employers in Delft in cases of dismissal due to seriously culpable conduct, such as discrimination or negligent reintegration efforts. Unlike the transition payment, this is not standard and depends on specific circumstances: length of employment, employer's conduct and employee's income.
Examples from the Delft region: In a substantiated dismissal during illness without adequate reintegration attempts, such as at local tech companies or TU Delft-related institutions, this compensation can amount to €100,000 or more. The sub-district court in The Hague, which has jurisdiction over Delft cases, determines the amount, often between 3 and 12 months' salary. From 2025, stricter requirements apply due to recent Supreme Court case law, with greater emphasis on local reintegration options in the Delft-The Hague region.
No cumulative limitation with the transition payment, so the total amount can be considerably higher. A claim is only possible with a UWV dismissal permit or proceedings at the sub-district court. Build evidence with emails, witness statements and documentation of discussions with the occupational physician, relevant for Delft employers in sectors such as hightech and education.
Strategy for Delft residents: Combine the fair compensation with a transition claim for maximum results. Seek free advice at the Juridisch Loket in Delft or The Hague. Success depends on the quality of your file, strengthened by local expertise in employment matters at the District Court of The Hague, Delft location.