The fair compensation, regulated in article 7:681 BW, serves as an additional sanction for employers in Amsterdam in cases of dismissal due to seriously culpable conduct, such as discrimination, inadequate reintegration or breach of the collective labour agreement for the Amsterdam business sector. Unlike the standard transition payment, this compensation is not automatically due and depends on specific circumstances: length of employment, employer conduct and the employee's income in the Greater Amsterdam region.
Examples from Amsterdam case law: In dismissal during illness without serious reintegration efforts, such as at tech companies in the Zuidas, the compensation can amount to €100,000 or more. The district courts in Amsterdam (such as at Prins Hendrikkade) often determine the amount based on 3 to 12 months' salary. From 2025, stricter requirements due to recent Supreme Court jurisprudence raise the threshold, with emphasis on local collective labour agreements and Amsterdam labour market shortages.
No limit on cumulation with the transition payment, resulting in a significantly higher total amount in Amsterdam cases. Claim this only via UWV dismissal permit or proceedings at the Amsterdam District Court. Build evidence with emails, WhatsApp conversations and testimonies from colleagues in the city.
Strategy for Amsterdammers: Combine with transition claim for optimal result and seek free advice at the Juridisch Loket Amsterdam or the fixed committee for legal aid in North Holland. Success depends on the quality of your file, enhanced by local expertise.