What is fair compensation?
Equitable compensation is financial compensation that a judge may award to an employee upon termination based on serious culpable acts or omissions on the part of the employer (Articles 7:671b, 7:671c, 7:681, 7:682, and 7:683 of the Dutch Civil Code). This compensation serves as redress for the damages suffered and is intended to compensate the employee for the consequences of an unlawful termination, serious culpable acts or omissions on the part of the employer, as an alternative to reinstatement of the employment contract, sometimes without any fault on the employee’s part, in conjunction with a non-compete clause, following mass layoffs, and in appeals or cassation proceedings.