The fair compensation, regulated under Article 7:681 of the Dutch Civil Code (BW), serves as an additional sanction for employers in Rotterdam in cases of dismissal due to seriously culpable conduct, such as discrimination or negligent reintegration efforts. Unlike the transition compensation, this is not standard and depends on specific circumstances: the duration of employment, the employer's behavior, and the employee's income.
Examples from Rotterdam case law: In cases of dismissal during illness without serious reintegration attempts, such as in port companies or logistics firms in the Maasstad, this compensation can amount to €100,000 or more. The subdistrict court of Rotterdam determines the amount, often ranging between 3 and 12 months' salary, with recent cases at the District Court of Rotterdam serving as a guideline. From 2025, stricter requirements will apply due to jurisprudence from the Dutch Supreme Court, relevant for Rotterdam sectors such as dockworkers or port personnel.
There is no restriction on cumulation with the transition compensation, so the total amount can be significantly higher. Claims can be filed in case of a UWV dismissal permit or through proceedings at the Labour Section of the District Court of Rotterdam. Build your case with emails, witness statements, and local collective labour agreements (CAOs) from the Rotterdam port.
Strategy for Rotterdam residents: Combine with a transition claim for maximum results. Free advice is available via the Legal Counter Rotterdam or the specific consultation hours in the city. Success depends on the quality of your dossier, strengthened by local expertise.