Dismissal after 2 years of illness
When you as an employee are ill for a long time, it is not only annoying for yourself but also for your employer. Your employer may not just dismiss you during your illness and must therefore continue to pay your wages. Sick employees are legally protected by a prohibition on termination, which means that you may not be dismissed just like that during the first two years of your illness. After two years of illness, however, you will end up in different waters, because the cancellation ban will then end. Your employer then has the option to request your dismissal from the UWV and in most cases this will be done, because at that time your employer has already paid you two years’ wages while you are not working. However, it is not the case that your employer can just fire you after two years; there are some rules that apply.
Apply for redundancy at the UWV
If you have been ill continuously for two years, your employer is no longer obliged to continue to pay your wages. The consequence of this may be that you will no longer be paid wages during the dismissal procedure. However, it is not the case that you are automatically dismissed after two years of illness; your employer must take action to this end by requesting your dismissal from the UWV.
In assessing this application, the UWV fulfills a gatekeeper function. This means that the UWV will check whether your employer has complied with the best efforts obligation with regard to your reintegration process. If you become ill, your employer is obliged to do everything possible to get you back to work. For example, by finding another, adapted position for you within the company or by offering the possibility of retraining for work that you can do with your illness. If your employer was in default during your illness, the UWV can impose a sanction. Your employer is then obliged to continue to pay your wages for a maximum of one year longer. You may not be fired during this period.
No prospect of recovery
When applying for dismissal, the UWV not only checks whether your employer has made sufficient efforts to have you reintegrated. It will also be checked whether you have cooperated sufficiently in the reintegration process by using the options that your employer has offered you, such as performing adapted work or following a course.
The UWV will also want to check whether you are really no longer able to perform the work for which you were once hired and whether there are other suitable positions within the company that you could fulfill. Finally, a dismissal application can only be approved if it is clear that you are not expected to be able to resume your work within six months. A recent statement from the company doctor is required for this. If there is no prospect of recovery within 26 weeks and every effort has been made by both parties to reintegrate you, the application for dismissal will probably be approved.
Transition compensation in the event of dismissal after 2 years of illness
If you are dismissed after two years of illness, you are entitled to a transition payment, just like any other employee who has been employed for at least two years. The calculation of this can depend on various factors, such as your salary but also your sickness benefit. In order to achieve the best possible compensation, it is best to enlist legal help. We can look at the possibilities together with you.
Even if your employer proposes to terminate your employment contract in good consultation, it is advisable to call in professional help for this. By having your contract terminated by mutual consent via a settlement agreement, you may run the risk of losing all or part of your right to sickness benefits or unemployment benefits. The rules regarding dismissal in the event of illness are complex and a number of conditions must be met in order to be successful as an employee. We are therefore happy to help you with our legal knowledge and experience. Please contact us to discuss the possibilities.