Decision of 23 April 2015, laying down the conditions under which the transition fee is not due (Decree on transitional duty transition fee)
We Willem-Alexander, at the grace of God, King of the Netherlands, Prince of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Social Affairs and Employment of 2 February 2015, No 2015 -0000017201;
Having regard to Article XXII, seventh paragraph, of the Act of Work and Security ;
Hearing the Council of State's opinion (opinion of 12 March 2015, No 12.15.0019/III);
Having regard to the further report of our Minister of Social Affairs and Employment of 21 April 2015, No 2015 -0000102230;
Have found good and understand:
For the purpose of this Decision:
b. Appointments: agreed on 1 July 2015, to which duties may be derived on 1 July 2015.
(1) If the employee, other than on the basis of agreements concluded between the employer or associations of employers and associations of employees, is entitled to allowances or allowances as referred to in Article 1 (1) of the Treaty. Article XXII, seventh paragraph, of the Act of Work and Security , the transition fee is payable only if the employee waits in writing of his right to those fees and provisions.
2 The employer informs the employee, who is entitled to any fees or provisions referred to in the first paragraph, in writing on the terms and conditions referred to in the first and third paragraphs, including the transition fee, about the height from the transition fee and on the fees or provisions referred to in Article XXII, seventh paragraph, of the Act of Work and Security Which is what the employee is entitled to.
3 If the distance provided for in paragraph 1 is not done no later than four weeks after the date on which the employer has fulfilled the obligation to provide information referred to in the second paragraph, the employee's right to the transition allowance shall lapse.
4 This Article shall not apply if the agreements referred to in the first paragraph, or parts thereof, have been extended, amended or expired.
Article 2 , as it was stated on 30 June 2016, remains applicable, if the employment contract ends after that day, and the request for permission, intended Article 671a, 1st paragraph, of Book 7 of the Civil Code , or the request for dissolution, referred to in Article 671b of Book 7 of the Civil Code , was done before 1 May 2016.
This decision is referred to as: Transitional fee decision.
This Decision shall enter into force with effect from 1 July 2015.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
Wassenaar, 23 April 2015
The Minister for Social Affairs and Employment,
L.F. AsscherPublished the 11th of May 2015
The Minister for Security and Justice,
G.A. van der Steur