BWBR0042874
Geldig vanaf 2020-01-01
Artikel 8.3
Legal Status (Local Employees) Regulations 2020
1. An employee whose employment contract ends is entitled to a one-off redundancy payment, unless:
a. one or more successive employment contracts for a fixed period have automatically expired, having had a cumulative duration of less than five years;
b. the employee has terminated the employment contract;
c. the employer has terminated the employment contract for reasons that are the fault of the employee;
d. the employment contract has ended because the employee has reached the age of retirement; or
e. the employment contract has been terminated due to sickness after the period referred to in article 8.4, paragraph 1.
2. The payment referred to in paragraph 1 is a lump sum equal to at least half a month’s salary for each year the employment contract or successive employment contracts have been in effect. The payment for part of a year of service is determined proportionately. Article 8.2, paragraph 4applies mutatis mutandisto the calculation of the duration of the employment contract. If the employment contract is partially terminated by the employer, the employee is entitled to the payment for the number of hours for which the employment contract has been terminated.
3. The number of monthly salaries paid pursuant to paragraph 2 does not exceed the number of full calendar months between the date of redundancy and the pension date as referred to in article 9.1, paragraph 1(d).
4. If a redundancy payment has already been made for a part of the duration of the employment contract or successive employment contracts, this period will not count towards the amount referred to in paragraph 2.
5. For the purposes of this article and notwithstanding article 1.1 (m), monthly salary means: the monthly salary referred to in article 1.1 (m) as paid on average over the 12-month period immediately preceding the date on which employment ends.
6. Articles 4.8 to 4.11apply mutatis mutandisto fixing and paying the redundancy payment.
a. one or more successive employment contracts for a fixed period have automatically expired, having had a cumulative duration of less than five years;
b. the employee has terminated the employment contract;
c. the employer has terminated the employment contract for reasons that are the fault of the employee;
d. the employment contract has ended because the employee has reached the age of retirement; or
e. the employment contract has been terminated due to sickness after the period referred to in article 8.4, paragraph 1.
2. The payment referred to in paragraph 1 is a lump sum equal to at least half a month’s salary for each year the employment contract or successive employment contracts have been in effect. The payment for part of a year of service is determined proportionately. Article 8.2, paragraph 4applies mutatis mutandisto the calculation of the duration of the employment contract. If the employment contract is partially terminated by the employer, the employee is entitled to the payment for the number of hours for which the employment contract has been terminated.
3. The number of monthly salaries paid pursuant to paragraph 2 does not exceed the number of full calendar months between the date of redundancy and the pension date as referred to in article 9.1, paragraph 1(d).
4. If a redundancy payment has already been made for a part of the duration of the employment contract or successive employment contracts, this period will not count towards the amount referred to in paragraph 2.
5. For the purposes of this article and notwithstanding article 1.1 (m), monthly salary means: the monthly salary referred to in article 1.1 (m) as paid on average over the 12-month period immediately preceding the date on which employment ends.
6. Articles 4.8 to 4.11apply mutatis mutandisto fixing and paying the redundancy payment.