Dismissal After 2 Years of Illness in The Netherlands

Enduring long-term illness is taxing for both employees and employers in The Netherlands. During your illness, your employer is barred from dismissing you and is obliged to continue wage payments. Sick employees enjoy legal protection through a termination prohibition, which prevents easy dismissal within the first two years of illness. However, post two years, the situation shifts as the dismissal ban concludes. At this juncture, your employer might seek your dismissal from the UWV, often motivated by two years of salary payments without your active work contribution. Yet, dismissal post-two years involves intricate rules.

Applying for Redundancy at the UWV

After a continuous two-year illness, your employer’s wage payment duty ceases. This might lead to a wage halt during the dismissal procedure. However, dismissal isn’t automatic after two years of illness; it requires your employer to apply for it through the UWV.

The UWV critically evaluates your employer’s reintegration efforts during this process. In cases of illness, employers must strive to facilitate your work return, possibly by assigning a different, suitable role within the company or offering retraining. Should your employer fall short in these responsibilities, the UWV might enforce sanctions, mandating continued wage payments for up to a year, during which dismissal is prohibited.

No Prospect of Recovery

In assessing a dismissal request, the UWV considers both your employer’s reintegration actions and your engagement in the process, like participating in adapted tasks or training. The UWV also examines your ability to perform your original job or other suitable positions in the company. A dismissal request is sanctioned only if your recovery and return to work within six months seem implausible, corroborated by a recent company doctor’s statement. If no recovery is expected within 26 weeks and both parties have exerted significant reintegration efforts, the dismissal request is likely to be granted.

Transition Compensation in Event of Dismissal After 2 Years of Illness

Upon two-year illness-based dismissal, you’re entitled to transition compensation, akin to any other two-year tenure employee. This compensation’s calculation might vary, considering factors like your salary and any sickness benefits. Legal guidance is recommended for optimizing your compensation. We are available to explore these avenues with you.

Even if your employer proposes a mutual agreement contract termination, seeking professional advice is crucial. Ending your contract through a mutual consent settlement agreement might jeopardize your sickness or unemployment benefits. The complexities of illness-related dismissal entail various prerequisites for favorable employee outcomes. Our legal expertise and experience are at your disposal. Please reach out to discuss your circu