Dismissal during illness is subject to strict rules. MediRights protects your position and guides you through the process.
During the first two years of illness, a statutory dismissal prohibition applies. Your employer may not dismiss you due to illness. The dismissal prohibition provides an important form of dismissal protection and is established in Article 7:670 of the Dutch Civil Code.
The dismissal prohibition doesn't mean your employer can't do anything at all. There are exceptions and there are ways employers try to circumvent the prohibition. The settlement agreement is a commonly used instrument. Dissolution requests through the subdistrict court also occur, although the threshold for this is high.
Employers who push for dismissal during illness can do so through various forms of pressure. Think of threatening salary suspension, criticizing your reintegration efforts, or creating a tense situation. This can lead employees to consider leaving voluntarily or signing a settlement agreement.
MediRights guides employees facing dismissal threats during illness. We assess your position, advise on the best strategy and represent you if it comes to a legal confrontation.
The dismissal prohibition is an important protective measure, but has limits. MediRights assesses whether the dismissal prohibition applies in your situation and how strong your position actually is.
In exceptional cases, an employer can request dissolution through the subdistrict court, even if the dismissal prohibition applies.
The subdistrict court can dissolve the employment contract if the dissolution request is unrelated to the illness. For example, seriously culpable conduct unrelated to the incapacity for work.
An employer can claim that the employment relationship is so disturbed that continuation is not possible. This must be separate from the illness and serious enough. The threshold is high, though this is assessed case by case.
With structural refusal to cooperate with reintegration, dissolution can follow. However, the employer must demonstrate that there is culpable refusal, not inability due to illness.
We assess the chances of a dissolution request and represent you in the proceedings. A good defense can make the difference between keeping your job or dismissal with compensation.
Summary dismissal is also possible during illness, but only with an urgent reason. The requirements are strict.
There must be an urgent reason: conduct so serious that the employer cannot be expected to allow the employment contract to continue. Think of theft, fraud or serious threats.
The dismissal must be given immediately after the employer became aware of the urgent reason. Waiting significantly weakens the employer's position.
The dismissal may not be given because of the illness itself. Refusing suitable work or not cooperating with reintegration is generally not an urgent reason, though exceptions may exist in cases of extreme refusal. It can, however, lead to salary suspension.
A summary dismissal can be challenged at the subdistrict court. If the dismissal proves unjustified, the court can annul it or award compensation.
After two years of illness, the dismissal prohibition expires. The employer can then apply for a dismissal permit through the UWV.
A temporary contract ends on the agreed end date, even if you are ill. The dismissal prohibition does not prevent this. The employer does not have to renew the contract because of illness.
For contracts of six months or longer, the employer must give written notice at least one month before the end whether the contract will be renewed. If this is not done or done too late, compensation is owed.
If your temporary contract expires while you are ill, you may be entitled to a Sickness Benefits Act allowance through the UWV. Report sick to the UWV in time to secure your rights.
Even when a temporary contract is not renewed, you may be entitled to a transition payment. The conditions for this depend on your employment and the circumstances of the non-renewal.
We assess whether the dismissal prohibition applies in your situation and how strong your protection actually is. You know where you stand.
Together we determine the best strategy: resist dismissal, negotiate a departure arrangement, or prepare for proceedings. Every situation requires its own approach.
If termination is unavoidable or desirable, we negotiate the best terms. A good departure arrangement can make the difference for your financial future.
In case of a dissolution request or summary dismissal, we represent you. We prepare the defense and guide you through the proceedings at the subdistrict court.
In case of a dismissal application through the UWV, we mount a defense on your behalf. We assess whether the application is justified and what arguments can be raised.
We calculate the transition payment you are entitled to and ensure it is correctly paid. For fair compensation, we advise on the possibilities.
If the UWV rules that your employer has not done enough for reintegration, a salary sanction can be imposed.
The employer must continue paying your salary for up to 52 weeks on top of the regular 104 weeks. This can amount to three years of salary payment in total.
During the salary sanction period, the dismissal prohibition remains in effect. The employer cannot dismiss you as long as the sanction is in effect. Your protection is thus extended.
A salary sanction can influence your negotiating position. The employer has an interest in reaching a solution and may in that situation be willing to offer a better departure arrangement.
We assess whether there are grounds for a salary sanction and help secure your position. We also guide negotiations arising from the salary sanction.
Have your position assessed and discover what your options are. MediRights is ready to support you.
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