In Delft, with its thriving high-tech and education sector at companies like TU Delft and ASML-related firms, the transition payment is a crucial right upon dismissal. However, there are important exceptions in which Delft employers do not have to pay. According to Article 7:673 paragraph 7 of the Dutch Civil Code (BW), no compensation is due in the event of dismissal due to seriously culpable conduct, such as theft or fraud – a common issue in the competitive Delft labour market.
In the event of bankruptcy or suspension of payments, as recently seen with smaller startups in Delft Technopolis, the UWV trustee handles the transition payment, but payment is not always complete. Fixed-term contracts that expire without notice – typical for PhD candidates at TU Delft – also give no right. For those aged 50 and over, special rules applied until 2020; now the standard calculation applies, relevant for experienced engineers in Delft.
In reorganisations, such as local takeovers in the maritime sector, a collective arrangement may replace the individual payment if it is equivalent. Dismissal at the employee's own initiative, for example resignation during illness with a Delft employer, causes the right to lapse. Employers may offset via a settlement agreement, but only if explicitly agreed.
In 2025, these rules will not change for Delft, but check the collective labour agreement (cao) of sectors such as high-tech or education for local supplements. Unsure about your situation with a Delft job? Contact a lawyer at the Juridisch Loket in Delft or a local labour law specialist to prevent disadvantage.