BWBR0045662
Geldig vanaf 2021-10-01
Artikel 8.3
Legal Status (Local Employees) Regulations 2020
1. An employee whose employment contract ends is entitled to a one-off redundancy payment as compensation for the disadvantageous consequences of termination of employment, the transition redundancy payment, unless:
a. a fixed-term employment contract has automatically expired, and the employee has rejected an offer from the employer for a successive employment contract subject to the same, comparable or better employment conditions;
b. the employee has terminated the employment contract for a reason other than a seriously culpable act or omission by the employer;
c. the employer has terminated the employment contract due to a seriously culpable act or omission by the employee;
d. the employment contract has automatically expired or been terminated by the employer or the employee, and the employee is subsequently entitled to supplementation of old age pension as referred to in article 9.4 or payments made under an insurance policy taken out by or on behalf of the employer or a similar provision made by or on behalf of the employer to ensure the accrual of an old age pension as referred to in article 9.3, paragraph 1; or
e. the employment contract has been terminated after the period referred to in article 8.4, paragraph 1 because the employee is partly or wholly unfit to perform their duties due to sickness.
The transition redundancy payment amounts to half a month’s salary for each year the employment contract or successive employment contracts have been in effect.
2. Without prejudice to paragraph 1, an employee whose employment contract ends is entitled to a one-off redundancy payment to make provision for their old age pension, the old age pension redundancy payment. The old age pension redundancy payment amounts to half a month’s salary for each year the employment contract or successive employment contracts have been in effect without an insurance policy or comparable provision to ensure the accrual of old age pension as referred to in article 9.3, paragraph 1having been taken out or made and without entitlement to supplementation of old age pension as referred to in article 9.4, paragraph 1having been accrued.
3. The transition redundancy payments and old age pension redundancy payment referred to in paragraphs 1 and 2 are determined proportionately for part of a year of service. Article 8.2, paragraph 4applies mutatis mutandis to the calculation of the duration of the employment contract. An employee whose employment contract partially ends is entitled to the payments referred to in paragraphs 1 and 2 for the number of hours for which the employment contract has ended.
4. The number of monthly salaries to which the transition redundancy payment referred to in paragraph 1 amounts must not exceed the number of full calendar months between the date of termination and the pension date as referred to in article 9.1, paragraph 1 (d).
5. If a transition redundancy payment or an old age pension redundancy payment as referred to in paragraph 1 or 2 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 payment referred to in paragraph 1 or 2.
6. 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. For the purposes of this article any general retroactive adjustment of salary amounts and related amounts decided on or after the date of termination is disregarded.
7. Articles 4.8 to 4.11apply mutatis mutandis to fixing and paying the transition redundancy payments and old age pension redundancy payments referred to in paragraphs 1 and 2.
8. If local regulations require that, notwithstanding paragraph 1, a one-off redundancy payment be made, this redundancy payment will be converted into a monthly amount after disbursement, using the formula referred to in article 9.1, paragraph 2. This monthly amount will be deducted from the monthly supplement referred to in chapter 9.
9. If for reasons other than compliance with local regulation, and notwithstanding paragraph 1, a one-off redundancy payment is made in the case of termination of employment, the employee who chooses to receive this redundancy payment forfeits the right to supplementation as referred to in chapter 9.
a. a fixed-term employment contract has automatically expired, and the employee has rejected an offer from the employer for a successive employment contract subject to the same, comparable or better employment conditions;
b. the employee has terminated the employment contract for a reason other than a seriously culpable act or omission by the employer;
c. the employer has terminated the employment contract due to a seriously culpable act or omission by the employee;
d. the employment contract has automatically expired or been terminated by the employer or the employee, and the employee is subsequently entitled to supplementation of old age pension as referred to in article 9.4 or payments made under an insurance policy taken out by or on behalf of the employer or a similar provision made by or on behalf of the employer to ensure the accrual of an old age pension as referred to in article 9.3, paragraph 1; or
e. the employment contract has been terminated after the period referred to in article 8.4, paragraph 1 because the employee is partly or wholly unfit to perform their duties due to sickness.
The transition redundancy payment amounts to half a month’s salary for each year the employment contract or successive employment contracts have been in effect.
2. Without prejudice to paragraph 1, an employee whose employment contract ends is entitled to a one-off redundancy payment to make provision for their old age pension, the old age pension redundancy payment. The old age pension redundancy payment amounts to half a month’s salary for each year the employment contract or successive employment contracts have been in effect without an insurance policy or comparable provision to ensure the accrual of old age pension as referred to in article 9.3, paragraph 1having been taken out or made and without entitlement to supplementation of old age pension as referred to in article 9.4, paragraph 1having been accrued.
3. The transition redundancy payments and old age pension redundancy payment referred to in paragraphs 1 and 2 are determined proportionately for part of a year of service. Article 8.2, paragraph 4applies mutatis mutandis to the calculation of the duration of the employment contract. An employee whose employment contract partially ends is entitled to the payments referred to in paragraphs 1 and 2 for the number of hours for which the employment contract has ended.
4. The number of monthly salaries to which the transition redundancy payment referred to in paragraph 1 amounts must not exceed the number of full calendar months between the date of termination and the pension date as referred to in article 9.1, paragraph 1 (d).
5. If a transition redundancy payment or an old age pension redundancy payment as referred to in paragraph 1 or 2 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 payment referred to in paragraph 1 or 2.
6. 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. For the purposes of this article any general retroactive adjustment of salary amounts and related amounts decided on or after the date of termination is disregarded.
7. Articles 4.8 to 4.11apply mutatis mutandis to fixing and paying the transition redundancy payments and old age pension redundancy payments referred to in paragraphs 1 and 2.
8. If local regulations require that, notwithstanding paragraph 1, a one-off redundancy payment be made, this redundancy payment will be converted into a monthly amount after disbursement, using the formula referred to in article 9.1, paragraph 2. This monthly amount will be deducted from the monthly supplement referred to in chapter 9.
9. If for reasons other than compliance with local regulation, and notwithstanding paragraph 1, a one-off redundancy payment is made in the case of termination of employment, the employee who chooses to receive this redundancy payment forfeits the right to supplementation as referred to in chapter 9.