Dismissal after 104 weeks of sick leave

After two years of illness, the dismissal prohibition expires. Your employer can now apply for a dismissal permit at UWV. But you still have rights — and more options than you may think.

What happens after 104 weeks

After 104 weeks of illness, the employer's obligation to pay your salary ends and the dismissal prohibition expires. Your employer can now apply for a dismissal permit at UWV on the grounds of long-term incapacity for work (art. 7:669 paragraph 3 sub b Dutch Civil Code).

UWV grants the permit only if four conditions are met: (1) the employee has been incapacitated for at least 104 weeks, (2) there is no prospect of recovery within 26 weeks, (3) the employer cannot reasonably reassign the employee within the organisation, and (4) the employer has fulfilled its reintegration obligations.

If UWV grants the permit, your employer can terminate your employment with the applicable notice period. You are entitled to the transition payment. If UWV refuses the permit — for example because reintegration was insufficient — the employer may face a wage sanction.

Your rights at this stage

→ Transition payment (1/3 monthly salary per year)
→ Right to respond to UWV application
→ WIA assessment and benefits
→ Option to negotiate a settlement agreement
→ Appeal against UWV decision

UWV route vs settlement agreement

FAQ

What if my employer does nothing after 104 weeks?

Then you end up in a dormant employment contract. Your employer stops paying salary but does not terminate. Under the Xella ruling (Supreme Court, November 2019), your employer is obligated to cooperate in termination with payment of the transition payment if you request it.

Can I defend against a UWV application?

Yes. You receive the employer's application and have 14 days to respond. Common defences: the employer has not adequately fulfilled reintegration obligations, there are reassignment possibilities that have not been explored, or you expect recovery within 26 weeks. UWV considers your response before deciding.

What happens to my WIA benefits?

The WIA assessment runs independently of the dismissal procedure. If you are assessed as 35% or more incapacitated, you receive WIA benefits regardless of whether you are dismissed. The transition payment does not affect your WIA benefits — it is a one-time compensation for loss of employment.