Transition Payment for Failure to Notify in Delft
In Delft, as an employee, you can claim the transition payment for failure to notify if your employer fails to inform you in time whether your fixed-term contract will be extended or terminated. This compensation amounts to a maximum of one month's salary and reinforces the notification obligation under the Work and Security Act (WWZ). It protects Delft residents against uncertainty at the end of their employment contract.
What does the notification obligation mean for employers in Delft?
Since the WWZ, employers must notify employees in writing, no later than one month before the end of a fixed-term contract, about any extension and its conditions. Failure to do so results in compensation. For Delft residents, see our basic article on the employer's notification obligation. The notice must be clear, preferably by email or registered mail – verbal notice does not count. No obligation applies to contracts shorter than one month.
Legal basis
This compensation is provided for in Article 7:668a(10) of the Dutch Civil Code (DCC): if the notice is late or absent, the employer must pay wages for the notification period, up to one month. It supplements the general transition payment (Art. 7:673 DCC). The WWZ (2015) and Balanced Labour Market Act (2020) form the foundation; the latter reduced the main compensation to 1/3 month per year, but the notification compensation remains one month.
When are you eligible in Delft?
You are entitled if:
- The fixed-term contract has lasted longer than six months (pro rata for shorter durations, max. one month).
- No written notice at least one month before the end date.
- The contract ends without extension.
This compensation is separate from the general transition payment, so claim both upon dismissal after two years. More info: general transition payment.
How much is the compensation in Delft?
The amount equals wages for the missed notification period, pro rata. It includes gross monthly salary, holiday pay, and fixed allowances; variable pay is excluded.
Example: Contract ends 31 July without notice by 1 July? Then one month's wages, e.g. €3,200 gross.
| Situation in Delft | Notification period | Compensation |
|---|---|---|
| Contract ends 1 July, no notice by 1 June | 1 month | Full month's wages |
| Contract ends 15 July, no notice by 15 June | ½ month | Half month's wages |
| Contract < 1 month | None | €0 |
Real-life cases from the Delft region
Case 1: Lisa from Delft had a contract until 1 September. No notice by 1 August, and the contract ended. She claimed €2,900 (monthly wages) via the District Court of The Hague. The employer paid after a demand letter.
Case 2: Tom's contract from Delft ended on 31 December on 15 October without notice by 15 September. Pro rata: 15/30 of €3,000 = €1,500.
Case 3: Extension after expiry without notice: no compensation. Only for actual termination.
Rights and obligations in Delft
Employee rights:
- Claim via demand letter or District Court of The Hague (no court fee under €25,000).
- Add to transition payment.
- Time limit: 2 months after termination (Art. 7:686a DCC).
Employer obligations:
- Provide written and timely notice.
- Pay upon claim, or face interest and costs.
Your obligations: Keep proof such as contracts, emails, and payslips. For help: Juridisch Loket Delft.
FAQs for Delft residents
Do I have to calculate the compensation myself?
No, the District Court of The Hague uses average wages over three months. In doubt? Visit Juridisch Loket Delft.
Compensation upon extension?
No, only for contract termination without timely notice.
No compensation for short contracts?
Yes, Art. 7:668a(5) DCC: pro rata, but zero under one month.
Late notice?
Counts as untimely: pro rata for missing days (e.g. 10 days: 10/30 month's wages).
Tips for Delft residents
Claim your transition payment for failure to notify as follows:
- Send a demand letter within 2 months of termination (template via Juridisch Loket Delft).
- Keep all documents.
- Consult Juridisch Loket Delft or proceed to District Court of The Hague.
- Combine with other claims against Delft Municipality employers.