Dismissal Pressure During Illness: How Dutch Employers Illegally Coerce Sick Expats to Resign

You are lying in bed, exhausted. Maybe you are recovering from surgery, or perhaps you are suffering from a severe burnout after months of 60-hour workweeks. You are vulnerable. You are worried about your health. Then, your phone rings. It is your manager or HR.

Instead of asking how you are feeling, they start talking about “the future.” They mention that your recovery is taking too long. They suggest that maybe this job isn’t the right fit for you anymore. They might even slide a settlement agreement into your inbox and tell you it is the “best solution for everyone.”

If this is happening to you, you are facing one of the most aggressive and illegal practices in the Dutch labor market: dismissal pressure sick expat tactics. For international professionals, this pressure is terrifying. You worry about your income, your housing, and your visa. But you need to know one thing: in the Netherlands, you are heavily protected when you are sick. Your employer is trying to bluff you into giving up rights that are guaranteed by law.

Why Sick Expats Experience Higher Dismissal Pressure

Why do employers target international staff so aggressively when they fall ill? The answer lies in the unique position of the Highly Skilled Migrant.

First, you are expensive. As a knowledge worker, you likely earn a high salary. Under Dutch law, if an employee becomes sick, the employer must pay at least 70% (but often 100%) of their salary for two years (104 weeks). This is a massive financial burden. For a company, a sick international professional is a “double loss”: they lose your valuable output, and they keep the high cost.

Second, employers count on your fear. They know that your residency permit is tied to your job. They assume that if they threaten your visa status, you will panic and sign anything just to escape the conflict. They exploit the fact that you might not know the intricate details of Dutch dismissal law.

Third, you are often isolated. If a Dutch employee gets sick, they have family and friends telling them, “Don’t sign that!” An expat often navigates this alone. This vulnerability makes you a prime target for employer pressure sick leave NL strategies.

The Dutch Law: Dismissal Is Forbidden During Illness

The law in the Netherlands is crystal clear. It is called the “Prohibition of Termination During Illness” (Opzegverbod tijdens ziekte).

This rule states that an employer cannot fire an employee who is sick. This protection lasts for the first two years of the illness. During this period, they cannot terminate your contract via the UWV or the court for reasons related to your health. Even if they want to reorganize the company, a sick employee is often protected while their healthy colleagues are not.

This shield is one of the strongest in Europe. It is designed precisely to prevent what is happening to you: losing your job because you had the misfortune of falling ill. Because the employer knows they cannot legally fire you, they try to force you to fire yourself. This is what we call “forced resignation.”

Common Tactics Used to Pressure Sick Expats Into Resigning

Since they cannot use the front door (legal dismissal), employers try to use the back door (psychological pressure). They use specific tactics designed to break your resistance.

Be on high alert for these forced resignation sick expat tricks:

The “Visa Bluff”: They tell you: “If you stay sick for too long, the IND will revoke your visa.” This is usually a lie. Being sick does not end your residence permit as long as you remain employed.
The “No Reintegration” Threat: They claim: “We have no other work for you, so we cannot reintegrate you. You have to leave.” This is false. They have a legal duty to find or create suitable work, even if it is just for a few hours a week.
The “Labor Conflict” Trap: They stop calling your condition “sickness” and start calling it a “conflict.” They send you to a company doctor hoping the doctor will say: “This is not medical, this is a dispute.” If they succeed, the protection against dismissal disappears.
False Deadlines: They send you a settlement agreement on Friday and say: “This offer expires on Monday.” They want to rush you so you don’t have time to call a lawyer.

When a VSO During Illness Is Invalid or Coercive

The Settlement Agreement (Vaststellingsovereenkomst or VSO) is the weapon of choice for employers. They will try to convince you that signing a VSO is a “clean break” that allows you to recover in peace.

For a sick employee, signing a VSO is incredibly dangerous. Here is why:

In the Netherlands, you only get unemployment benefits (WW-uitkering) if you are unemployed through no fault of your own and if you are available for work. If you are sick, you are not available for work. Therefore, the UWV will deny your unemployment benefits. But because you signed a VSO, you also voluntarily gave up your right to salary during illness.

This leaves you in a “black hole” with zero income. You have no salary, no sickness benefit, and no unemployment benefit. This is why a VSO during illness Netherlands scenario is a major risk. A VSO signed under these circumstances can often be annulled in court because the employer failed to warn you of these catastrophic consequences.

Evidence That Shows Employer Coercion

If you are being pushed, you need to prove it. Coercion is hard to see, but easy to document if you are smart.

Collect the following evidence of expat coerced to resign NL tactics:

The “Resignation” Drafts: Did HR send you a pre-written resignation letter or a VSO while you were on sick leave? Save it. It proves they initiated the exit.
WhatsApp and SMS: Managers often send informal messages that reveal their true intent. Messages like “We need to find a solution for your exit” or “This isn’t working out” while you are sick are gold for a lawyer.
Meeting Recordings or Notes: If you have a call, summarize it in an email immediately after. “Dear Manager, to confirm our call: you stated that if I don’t sign the VSO, you will stop my salary.” If they don’t deny it, it counts as evidence.
Company Doctor Reports: If the doctor says “Employee needs rest” and the manager emails “Employee must attend meeting,” you have proof that they are ignoring medical advice.

Legal Remedies for Expats Pressured During Sick Leave

What can you do if the pressure becomes unbearable? Dutch law punishes employers who behave badly.

If you can prove that the employer tried to force a sick employee out, you can claim “Serious Culpable Act” (Ernstig verwijtbaar handelen). This opens the door to high compensation:

Fair Compensation (Billijke Vergoeding): This is a penalty fee. Judges have awarded tens of thousands of euros to employees who were bullied while sick. It is meant to hurt the employer financially for their lack of care.
Reinstatement: You can ask the court to destroy the VSO (if you signed it) or block the dismissal. This restores your salary payments immediately.
Damages for Stress: In extreme cases, if the employer’s bullying caused your burnout to worsen, you can claim damages for personal injury.

What Sick Expats Should Do When They Feel Forced Out

If you are currently in this situation, stop and breathe. You are in control, not them. The law is on your side.

Follow this emergency plan:

Do Not Sign Anything: This is the most important rule. Do not sign a VSO. Do not sign a resignation letter. No matter what they threaten.
Call in Sick Formally: Ensure your sickness is registered. If they say “take some time off,” send an email: “I am confirming that I am reporting sick.”
Contact the Arbodienst: If your employer refuses to send you to the company doctor, call the Arbodienst yourself. You have a right to see a doctor.
Get Legal Protection: You need a lawyer to build a wall between you and your employer. Once a lawyer steps in, the direct bullying usually stops. We can take over all communication so you can focus on healing.

Get Legal Help to Stop the Pressure

Is your employer threatening you while you are ill? Are they worried that you might lose your visa or your income because of your health condition?

Do not let them bully you. Our team specializes in illegal dismissal sick leave expat cases. We act as your shield. We know exactly how to stop the harassment, secure your salary payments, and ensure you are not forced into a settlement that ruins your financial future.