During sick leave, you are protected against dismissal. But this protection is not absolute. In specific situations, your employer can still end your employment — if they follow the right route.
Art. 7:670 of the Dutch Civil Code prohibits your employer from terminating your employment during the first 104 weeks of illness. This is one of the strongest employee protections in Dutch employment law. Your employer cannot apply for a dismissal permit at UWV, cannot give notice, and cannot go to the subdistrict court for termination — as long as you are sick.
This prohibition exists because employees are vulnerable during illness. Without it, employers could dismiss workers the moment they become ill. The protection gives you time to recover and reintegrate without the pressure of losing your job.
Probationary period: during the probationary period, both employer and employee can terminate the employment immediately, including during illness. There is no dismissal protection. This exception applies only during the probationary period itself.
Fixed-term contract expiry: a fixed-term contract ends automatically on the agreed date, even if you are ill. This is not a dismissal but an expiry. The dismissal prohibition does not apply.
Summary dismissal: in extreme cases (theft, fraud, serious misconduct), the employer can dismiss you immediately — even during illness. The threshold is very high: the conduct must be so serious that continuing the employment, even temporarily, cannot be expected.
After 104 weeks: once you have been ill for 104 weeks, the dismissal prohibition expires. The employer can then apply for a dismissal permit at UWV. You retain your right to the transition payment.
Company closure: if the entire company closes, the dismissal prohibition does not prevent termination. But partial reorganisations do not qualify — the employer must prove genuine, complete cessation of business activities.
Settlement agreement: the employer can always propose a settlement agreement. This is not a dismissal — it is termination by mutual consent. You are never obligated to sign. The dismissal prohibition actually strengthens your negotiating position: the employer needs your cooperation precisely because they cannot dismiss you.
Only in exceptional cases. The subdistrict court can grant termination despite the dismissal prohibition if the grounds for termination have nothing to do with the illness — for example, a severely disrupted employment relationship where the disruption arose independently of the illness. But this is a high threshold and courts are cautious.
If the employer filed a UWV application or court petition before you reported ill, the dismissal prohibition does not apply. The law prevents "strategic sick reporting" — becoming ill to block an ongoing dismissal procedure. But if the illness is genuine and pre-dates the procedure, you can challenge this.
Significantly. The prohibition means your employer cannot force an exit. They need your consent — which means you can negotiate from a position of strength. Use this: the compensation, terms and timing should reflect the fact that your employer has no alternative route during the prohibition period.
MediRights helps employees protect their position when employers push for termination during illness.
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