The legal specialists of De Unie assist you during various differences of opinion and conflicts in the workplace. To make it clearer what exactly you can do with us, we highlight a true situation every month. We describe the member's question, tell us what De Unie has done to resolve the situation and share the outcome. In this edition: an employer who refuses to pay a fair – and justified – transition payment after ten years of employment.
The problem
Our member was employed by the same company for a long time, but at some point it went bankrupt. An employment agency then took him over. Here he continued to do the same work as before. During his second temporary employment contract he falls ill, after which his employer announces that he will not renew the contract. His employment contract will therefore expire on January 1, 2023, after he has worked as a bus driver for ten years.
In this situation there are two important rules. The first is that of successive employership: if one organization takes over activities – and thus people – from the other, the new employer is called successive. This means, among other things, that the number of years of service accrued will also be transferred.
Secondly, an employee is entitled to a transition payment if the employer terminates or does not extend the employment. The amount depends on the number of years worked: the employee receives 1/3rd monthly salary per year.
Our member should therefore receive a transition payment based on 10 years worked. But on February 23 – almost two months after his resignation – he has still not received anything. So he registers De Unie.
This has De Unie done
We immediately contacted the employer and presented what we thought the member was entitled to. This had to be done quickly, because you must claim a transition payment due from the subdistrict court within three months. So we had to deal with a tight deadline: April 1, 2023.
The employer tried to buy time: they wanted to study our request and referred the matter to a colleague. Then we let them know that we would go to court if they didn't pay. We did the same in another case, and the judge ruled in our favor.
Solution
At the last minute, the employer opted for eggs for his money. They paid the transition payment due just in time, thus avoiding a lawsuit.
Need help from our legal specialists?
Not every situation is the same. Therefore, please contact us directly: our legal specialists will be happy to assist you. Our Service Center can be reached every working day from 8.30:17.00 am to XNUMX:XNUMX pm via sc@unie.nl en 0345 851 963.
