Dismissal after two years of illness

If you are ill, your employer cannot simply dismiss you in the first two years. This is known as the dismissal prohibition during illness. During this period, you must make an effort to reintegrate (return to work), and your employer must assist and guide you in this process. 

After two years of illness, the situation changes  

After 104 weeks (2 years), your employer stops paying your salary. This does not mean that your employment contract automatically ends. First, the UWV checks whether you and your employer have done enough to return to work.  

Has your employer done too little for your reintegration? Then the UWV can impose a salary sanction. Your employer must then pay an additional salary for up to one more year, extending the salary payment period from two to three years.   

When can your employer apply for dismissal? 

Only when all conditions are met, can your employer apply for dismissal due to long-term illness at the UWV: 

• You have been ill for more than 2 years;
• You can no longer do your own work due to disability or illness;
• You are unlikely to recover within 26 weeks;
• Your work cannot be adjusted so that you can still perform it;
• There is no other suitable work within the company, even with training. 

Does the UWV grant permission? Then your employer may terminate the employment contract. You are then entitled to a transition payment.

Settlement agreement? Don't sign it just like that! 

Sometimes an employer wants to terminate the employment relationship earlier with a settlement agreement (VSO). This states that you part ways 'by mutual agreement'. 

Do not sign this just like that. Always have the agreement checked by a legal expert first.

WIA benefit and waiting for the UWV 

From week 88 of your illness, you can apply for a WIA benefit at the UWV. The assessment usually takes 8 weeks, but due to backlogs, it can take longer. Naturally, this is frustrating. 

However, it is important not to terminate your employment contract yet. Only after the WIA decision can the employer officially dismiss you. This way, your rights and income are well protected.