Transition payment track 2: how does it work in case of dismissal after reintegration?

After a second track reintegration process, an employee is in almost all cases entitled to a transition payment in the event of dismissal.

Is an employee entitled to a transition payment after track 2?

Yes. Even if an employee has been ill for a long time and has completed a complete second railway route, the right to a transition payment remains. The amount of this allowance is determined by law and does not change due to participation in a reintegration process.

👉 Important: Transition payment is only mandatory if the employer takes the initiative to dismiss.

What is the role of transition payment in a second track process?

A second track process is used when returning to one's own employer is no longer possible. The employee is then accompanied to work with another employer, for example through career guidance or a work experience place. If the process does not lead to placement and the employment contract is terminated after 104 weeks of illness, transition payment is appropriate.

In a nutshell:

• Track 2 is a mandatory part of reintegration in the event of long-term absenteeism
• Dismissal after 2 years of illness is possible provided that all efforts have been made
• In principle, the employee is entitled to a transition payment

How is the transition payment calculated?

The amount of compensation is based on:

• The number of years of service with the employer
• Last earned gross monthly salary

The reintegration itself (such as the second railway route) has no influence on height of this allowance.

Can the costs of the second railway route be deducted?

No, not without further ado.

The costs that the employer incur for the reintegration of the 2nd track process should not simply be deducted from the transition payment. Partial deduction is only possible if specific conditions are met:

Prerequisites:

• The costs are superlegal, so not required by law
• The employee has agreed in writing with the settlement
• The costs are demonstrably focused on sustainable employability

In practice, this is rare, especially when it comes to a mandatory second rail route.

When does the right to a transition payment expire?

An employee is not entitled to a transition payment in the event of track 2 dismissal if:

• The employee resigns himself
• The employee voluntarily agrees via a settlement agreement
• There is dismissal after retirement age
• The employee does not cooperate enough in the reintegration process

📌 Please note: in case of insufficient cooperation with the process (such as refusing a work experience position), the right to a transition payment may expire.

What can employers do to reduce risks?

Employers are obliged to start the second track in a timely and careful manner. If they do not do this, they may face a wage penalty from the UWV. The risk of errors in the file or the unjustified deducting of costs from the transition payment is then also lurking.

Tips for employers:

• Ensure good reporting within the track 2 process
• Call in a specialized reintegration agency in time
• Clearly inform the employee about rights and obligations
• In case of dismissal after track 2, have the transition payment calculated correctly

Is there compensation for employers?

Yes. Employers can apply for compensation via the UWV for the transition payment paid in the event of long-term illness.

Prerequisites:

• The employee was fired after at least 104 weeks of illness
• The transition payment has actually been paid
• The application will be submitted within 6 months

👉 More info: UWV compensation scheme for transition payment

Track 2 transition payment and outplacement: what about that?

Outplacement is sometimes used during a second railway route, for example in the form of career guidance or application coaching. These costs may also not be automatically deducted from the transition payment, unless all the aforementioned conditions are met.

Both reintegration and outplacement costs must always be transparent and pre-coordinated with the employee.

Summary: transition payment and track 2

• In case of dismissal after reintegration track 2, there is in principle a right to a transition payment.
• Costs for the journey may not be deducted automatically
• Employees retain their right unless they resign themselves or refuse to cooperate
• In some cases, employers can receive compensation through the UWV.

Need help with reintegration track 2?

Care4Careers assists employees and supports employers with:

• Full reintegration of second track processes
• Outplacement and career guidance
• File structure, legal assurance and advice on transition payment

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