Exit bonus of EUR 12.5 million counts towards the statutory transition payment
On 29 October 2026 a decision of the Arnhem subdistrict court of 29 September 2026 was published on an exit bonus and the statutory transition payment (ECLI:NL:RBGEL:2026:7796).
The facts
The employee joined in 2020, among other things to grow the company and sell it after a few years. On the sale in October 2024 he received an exit bonus totalling EUR 12.5 million gross. According to the bonus agreement, that bonus would not count towards any severance payment, insofar as permitted by law. In March 2026 the employer terminated the employment contract without consent, permission or observing the notice period.
The ruling
The court held that the contractual exclusion is void: the calculation of the transition payment can only be deviated from by collective agreement. The exit bonus is an agreed variable pay component that depends on the company's results, and counts in full. Annual bonuses count towards the year for which they were awarded. The transition payment amounts to EUR 839,630.79.
Because the termination was seriously culpable, the employer cannot rely on the non-compete clause. The court set the fair compensation at nil.
Practical tips
Take into account how deal and exit bonuses affect a later transition payment.
An exclusion in the bonus agreement offers no protection; deviation is only possible by collective agreement.
Terminate carefully: a seriously culpable termination can also cost you the non-compete clause.
Read the ruling: ECLI:NL:RBGEL:2026:7796
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This blog provides general information and is not legal advice. For advice on a specific situation, please contact us.
