Dismissal During Illness in Zoetermeer - Is That Allowed?

In Dutch employment law, the prohibition on termination due to illness provides important protection. In general, an employer in Zoetermeer and elsewhere in the Netherlands may not terminate the employment contract during the employee's period of illness.

What Does the Prohibition on Termination Due to Illness Entail?

According to Article 7:670 of the Dutch Civil Code, an employer may not terminate the employment contract as long as the employee is unfit for work. This rule applies during the first 104 weeks (2 years) of illness.

When Is Dismissal During Illness Still Possible?

There are a few exceptions where dismissal during illness in Zoetermeer is possible:

• Permission from UWV - For example, in cases of economic problems or permanent incapacity for work.
• Summarily dismissal - For an urgent cause unrelated to the illness.
• During probationary period - Provided the illness is not the reason.
• Mutual agreement between parties - Via a settlement agreement.
• End of fixed-term contract - The contract expires automatically.
• After 104 weeks of illness - The prohibition on termination lapses.

Dissolution via the Canton Court in The Hague

In some cases, the canton judge in the district of The Hague may dissolve an employment contract, even during illness, for example in cases of:

• Serious performance issues that already existed before the illness.
• Culpable conduct unrelated to the illness.
• A completely disrupted working relationship.

What Happens After Two Years of Illness?

After 104 weeks of illness, the prohibition on termination ends. An employer can then initiate a standard dismissal procedure. Employees in Zoetermeer are entitled to a transition payment in that case.

Salary During Illness

• First year: At least 70% of salary, often 100% depending on the collective labour agreement.
• Second year: At least 70% of salary.

Obligations Regarding Reintegration

What Must the Employer Do?

• Draw up a reintegration plan.
• Offer suitable work.
• Involve an occupational physician.

What Must the Employee Do?

• Actively cooperate in recovery and reintegration.
• Accept suitable work.
• Maintain contact with the occupational physician.

Frequently Asked Questions About Dismissal and Illness in Zoetermeer

Can I Be Dismissed If I Was Already Ill Before the Dismissal?

If the dismissal process was already initiated before you became ill, the prohibition on termination does not apply.

What If I Do Not Cooperate in Reintegration?

Your employer may then decide to stop paying your salary.

What to Do in Case of Dismissal During Illness in Zoetermeer?

1. Check if the dismissal is official.
2. Request written explanation and reason.
3. Contact a lawyer, for example via the Legal Counter Zoetermeer.
4. Consider challenging the dismissal.

Legal basis: Article 7:670 Dutch Civil Code

Frequently Asked Questions

What are my rights as an employee in Zoetermeer?

You are entitled to a safe workplace, fair pay, vacation days, and protection against unequal treatment or discrimination.

Can an employer dismiss me without reason?

No, dismissal often requires approval from UWV and must be based on valid reasons. Prior warnings are usually required.

How many vacation days do I get per year?

At least 20 paid vacation days per year, unless otherwise stated in your contract. Taking them must be possible upon request.

What is a collective labour agreement (CAO) and how does it affect me?

A CAO (collective labour agreement) records agreements between employers and trade unions on matters such as salary and working hours.

What should I do if I am ill?

Report your illness to your employer immediately. You are entitled to continued salary payment during the first two years of illness.