{"product_id":"vragen-52437-op-dit-moment-ben-ik-fulltime-in-vast-dienstverband-bij-mijn-werkgever-met-een-totaal-aan-16-5-diens","title":"Legal Advice on Transition Compensation","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n I am currently employed full-time by my employer with a total of 16.5 years of service. \nNow I am currently ill and am going through a 2nd track reintegration process at a reintegration and outplacement agency. This is because there is no more work for me within the company and I will be declared redundant as soon as I am full-time employable again. Now this agency has indicated that it wants to take over my contract, so that I can work for them. Including a training course. I have absolutely no experience in that field and there are no guarantees about the duration of the contract. They are asking my employer for 1.5 years' salary. But my employer only wants this if I waive my transition payment, which I would receive for those almost 17 years of employment.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n Legally, you cannot waive transition compensation during the employment contract. However, it is possible to agree on an end to the employment contract in a settlement agreement without compensation being paid.\n \nI think it is important to have a proper assessment made of whether it is wise to enter into a new employment contract and under what conditions this should happen.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n Whether this is wise to do depends on several factors. An important point of attention is that you are currently ill and normally cannot terminate your current contract without risks. It is therefore important to investigate whether the new job offers sufficient guarantees for this.\n\n Furthermore, you have built up strong rights due to your long employment history, including the transition payment and (probably) an employment contract for an indefinite period. It is common practice that these are waived if you terminate the employment contract in consultation with the employer. It is wise to map out what these rights are and how much money is involved, in order to be able to properly weigh up the consequences of the transition.\n \nIt is also good to include in this assessment what the benefits are for your current employer, your future employer and yourself, if the transition is designed in this way. I am happy to help you further.\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55006125293917,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-52437-op-dit-moment-ben-ik-fulltime-in-vast-dienstverband-bij-mijn-werkgever-met-een-totaal-aan-16-5-diens","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}