In Rotterdam, the Netherlands' logistical hub with its busy port and countless companies, the transition payment upon dismissal is a crucial right, but there are important exceptions. According to Article 7:673(7) of the Dutch Civil Code (BW), an employer does not have to pay compensation upon dismissal due to the employee's seriously culpable conduct, such as theft in a warehouse or fraud at a logistics company. In cases of bankruptcy or suspension of payments – unfortunately not uncommon in the volatile Rotterdam port and transport sector – the transition payment is often handled via the UWV curator, but not always paid in full.
For fixed-term contracts that expire without notice, for example seasonal work in the Rotterdam Maasvlakte, you have no right to a transition payment. For employees over 50 years old, special rules applied before 2020, but since then the standard calculation applies everywhere, including in Rotterdam. In reorganisations, such as recent restructurings at major port companies like Hutchison Ports or ECT, a collective arrangement may replace the individual payment, provided it is equivalent and complies with the Participation Act.
Important for Rotterdam employees: upon dismissal on your own initiative, such as resignation during illness, the right lapses entirely. Employers may offset the payment against a settlement agreement, but only if this is explicitly agreed in consultation with trade unions such as FNV Haven. In 2025, these exceptions remain the same, but always check the collective labour agreement (cao) for the Rotterdam region, which often contains additional agreements on dismissal payments. Unsure about your situation, for example after dismissal at a local company in the Waalhaven? Consult a Rotterdam lawyer via the Juridisch Loket Rotterdam or a specialised employment law attorney to determine your position and prevent being unfairly disadvantaged.