Your employer is pushing for dismissal or termination of your employment contract while you are ill. This is subject to strict rules. Often it is not permitted, or only under specific conditions.
You are sick. Perhaps for a longer period. And your employer starts talking about termination. Or you receive a settlement agreement. Or you hear that a dismissal procedure is being prepared.
This feels threatening. You are sick, vulnerable, and must now also defend your job. The stress this causes does not help your recovery.
Important: during the first two years of sick leave, a dismissal prohibition applies. Your employer cannot simply dismiss you due to sick leave. However, there are exceptions that are more nuanced than often thought. And if a settlement agreement is put on the table, your negotiating position strongly depends on your specific situation, file, and the legitimacy of your sick leave claim.
It is crucial to know what your rights are, and what the risks are of signing too quickly.
During the first two years of sick leave (104 weeks), a dismissal prohibition applies. Your employer cannot terminate your employment contract due to sick leave.
During the first two years of sick leave, dismissal due to incapacity for work is not possible. Your employer cannot obtain a dismissal permit from the UWV.
Your employer can go to the subdistrict court, but they respect the dismissal prohibition. Dissolution can be granted if the grounds are unrelated to the sick leave.
A settlement agreement is always voluntary. You do not have to sign. And if you sign, you have two weeks reflection time to reconsider.
During the probationary period, the dismissal prohibition does not apply. Your employer can dismiss you, even if you are sick. But the reason may not be the sick leave itself.
For an urgent reason, summary dismissal can be given, even during sick leave. This must be a very serious reason, unrelated to the sick leave. Sometimes a salary stop is also threatened.
If you repeatedly refuse to follow reasonable instructions from the company doctor, this can lead to dissolution of the employment contract. This requires warnings and a careful procedure.
In case of complete business closure or full closure of a department, the dismissal prohibition can lapse. With reorganization, dismissal may also be possible if your position is eliminated and this is unrelated to your sick leave. The assessment is nuanced and depends on specific circumstances.
A settlement agreement (VSO) is an agreement that ends your employment contract by mutual consent. During sick leave, this is risky.
Important: never simply sign a settlement agreement when you are sick. The consequences for your benefits can be significant.
"My employer has sent me a settlement agreement. There is pressure to sign quickly."
Do not sign hastily. The dismissal prohibition can strengthen your position, but your negotiating position depends on the specific circumstances. Have the settlement agreement assessed and pay special attention to consequences for unemployment and sickness benefits - these risks are substantial when terminating during sick leave.
"My employer threatens dismissal if I do not sign. Is that a bluff?"
Often yes. The dismissal prohibition makes dismissal during sick leave impossible in many cases. Note: with an urgent reason or during probation, things are different. Do not let yourself be pressured.
"I have been sick for almost two years and my employer is offering a settlement agreement. Is this a good time to sign?"
After 104 weeks, the dismissal prohibition lapses. Learn more about the end of 104 weeks. Your employer can then apply for a dismissal permit, but only with permanent incapacity for own work and after redeployment has been investigated. A settlement agreement can then be more advantageous, if well negotiated.
"My temporary contract is expiring while I am sick. Can my employer refuse to renew?"
A temporary contract ends automatically. Your employer does not have to renew, even with sick leave. You then fall under the Sickness Benefits Act. Pay attention to the notice period.
Take time. You are not obliged to sign immediately. A settlement agreement is negotiable. The first proposal is rarely the best.
Before signing, the settlement agreement must be assessed for risks. Are there consequences for unemployment or sickness benefits? Is the compensation correct? Is the end date favorable?
The dismissal prohibition can strengthen your negotiating position, but its strength depends on your specific situation and file. Higher compensation or better terms are often possible, but not guaranteed.
After signing, you have two weeks reflection time. You can withdraw your decision in writing. But it is better to negotiate well in advance.
Ask about the consequences for unemployment benefits, sickness benefits, and possibly WIA. An incorrectly formulated settlement agreement can jeopardize your benefits.
A settlement agreement during sick leave is complex. Legal guidance ensures you are not caught off guard and get the maximum out of it.
Upon termination of the employment contract, you are entitled to a transition payment. This also applies during sick leave.
Upon dismissal, you have a statutory right to a transition payment. With a settlement agreement, this must be explicitly agreed - it does not arise automatically. The amount depends on your years of service and salary.
After two years of sick leave, the employer can reclaim the transition payment from the UWV. This is a reason why employers sometimes only apply for dismissal after 104 weeks.
In a settlement agreement, you can negotiate about the compensation. The dismissal prohibition gives you a strong position to ask for more than the statutory transition payment.
Threat of dismissal or termination during sick leave is stressful. Your position seems weak, but due to the dismissal prohibition it is often stronger than you think.
MediRights assesses your situation and determines what your options are. If there is a settlement agreement on the table, we analyze the risks and negotiate better terms.
We ensure that any termination has no negative consequences for your benefits. And we ensure you receive the compensation you are entitled to.
The goal: if termination is unavoidable, then under the best possible conditions. And if it is not necessary, protection of your position so you can focus on recovery.
Have your position assessed immediately. Do not sign anything until you know what you are entitled to.
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