Getting ill can happen to anyone. Fortunately, the law offers employees strong protection in such situations. In most cases, an employer may not dismiss you during illness. However, there are exceptions and dismissal may be permitted in certain cases.
In this article, we explain how the prohibition of dismissal during illness works, what exceptions exist, and what your rights are.
Prohibition of dismissal during illness
During the first 2 years of illness, a statutory prohibition of dismissal applies (art. 7:670 of the Dutch Civil Code).
Your employer may not dismiss you during this period.
You are entitled to at least 70% of your salary.
You and your employer must cooperate on your reintegration.
This prohibition of dismissal protects employees against job loss during a vulnerable period.
Exceptions to the prohibition of dismissal
In a number of situations, the employer may still dismiss you during illness:
Summary dismissal — for example in case of theft or fraud.
Expiring temporary contract — this does not have to be renewed.
Termination via settlement agreement (VSO) — but be careful: only sign if your rights are safeguarded.
Bankruptcy or business closure — the contract can end despite illness.
Dismissal due to long-term illness (after 2 years) — then dismissal can take place via the UWV.
Dismissal after 2 years of illness
After 2 years of illness, the employer can apply for dismissal at the UWV due to long-term incapacity for work. You are then entitled to the transition compensation.
See also cornerstone #12 for a detailed explanation of dismissal after long-term illness.
Reintegration obligation of employer and employee
The employer must draw up a plan of action together with the occupational health service or company doctor.
The employee must actively participate in reintegration.
The UWV assesses after 2 years whether both parties have made sufficient efforts.
In case of insufficient effort, a wage sanction may be imposed, requiring the employer to continue paying wages for an additional year.
Settlement agreement during illness
Sometimes an employer offers a VSO during illness.
This can be detrimental to your right to benefits.
The UWV may rule that you became culpably unemployed.
Therefore, always have a VSO during illness legally reviewed.
Examples from practice
Example 1: An employee was offered a VSO during illness without compensation. After legal advice, he still received the transition compensation and an additional severance payment.
Example 2: An employer wanted to dismiss an employee during illness due to reorganisation. The court annulled this dismissal because it violated the prohibition of dismissal.
Example 3: An employee did not sufficiently cooperate with reintegration. The UWV ruled that dismissal after 2 years was justified.
Checklist for dismissal during illness
Are you within the first 2 years of illness? Then the prohibition of dismissal applies.
Check whether the employer is complying with the reintegration obligation.
Do not sign a VSO without legal advice.
Pay attention to your right to transition compensation after 2 years.
Always consult an employment law attorney in case of threatened dismissal.
Common mistakes
Thinking that a temporary contract must automatically be renewed during illness.
Signing a VSO without knowing the consequences for your benefits.
Not building a file of reintegration efforts.
Not realising that you can still be dismissed after 2 years.
Frequently asked questions (FAQ)
1. Can my employer dismiss me during illness?
No, except in exceptional cases such as summary dismissal or after 2 years of illness.
2. Do I receive wages during illness?
Yes, at least 70% for 2 years.
3. Am I entitled to transition compensation after 2 years of illness?
Yes, always since 2020.
4. Can I sign a VSO during illness?
You can, but it may have consequences for your benefits. Always have this checked.
5. What if my employer does not cooperate with reintegration?
Then the UWV can impose a wage sanction.
Why Arslan Advocaten?
Specialised in dismissal and illness
Checking whether the prohibition of dismissal is being observed
Negotiating settlement agreements during illness
Regularly achieving higher compensation for clients
Conclusion
During illness, you are protected against dismissal in the first 2 years. Yet employers sometimes try to part ways sooner. Often such a dismissal is invalid or a higher compensation can be negotiated. Therefore, always have your situation assessed by an employment law attorney.