My transition compensation has not been paid after a month. Should I take legal action?

Questioner

I have been employed for 5 years by an employer through an employment agency and this was ultimately not extended. My contract ran until August 21, 2021. I neatly indicated by email before August 21 that I wanted my transition compensation. This could not be paid with my last salary because the hours still had to be processed. Anyway, that is of course possible. Today (September 24, 2021) I sent another email to ask about the payment. I received the answer that they will deposit this into my account no later than 3 months after leaving employment. This is all in black and white, but this did set off some alarm bells for me because you can claim your transition compensation from the subdistrict court up to 3 months after leaving employment. I also read something on the website of the central government that after one month after leaving employment you are entitled to statutory interest. How exactly does this work? And what is the best thing for me to do now? Kind regards,

Lawyer

Based on article 7:686a paragraph 3 under b BW, you must submit a request to the Subdistrict Court within three months after the day on which the employment contract ended. The term mentioned in this article is a limitation period, which means that if you do not submit a request within three months, you are too late. If you would like me to help you with this, you can contact me: 0162 -46 11 12 (VOC lawyers). Yours sincerely. Mr. ER Chel

Lawyer

If the employer has promised to pay the transition payment (TV), then the expiry period of 03 months no longer applies. You can then claim on the basis of that promise. according to the Supreme Court recently. Then a period of 05 years applies.