Dismissal during illness is usually prohibited in the Netherlands. However, employers sometimes come up with creative ways to dismiss a sick employee. When is it allowed, and when is it not allowed? The employment lawyers of Arslan Advocaten explain the rules, the exceptions, and how you can protect yourself as an employee.
The statutory ban on notice during illness
In Article 7:670 paragraph 1 of the Dutch Civil Code, it is stated that an employer may not dismiss an employee during the first 104 weeks of illness. This is known as the sickness dismissal ban. The aim is to protect sick employees and make reintegration possible.
During this period, the employer must (partially) continue to pay salary and work with the employee on recovery and return. A labour dispute or disagreement does not change this.
Exceptions to the ban on notice
However, there are situations in which dismissal during illness is possible. The law allows a limited number of exceptions:
1. Dismissal during probation period
During the probationary period, an employer can terminate the employment contract at any time, even in case of illness. This only applies if the probation period has been agreed upon legally and does not last longer than one month.
2. Dismissal for economic reasons
In the event of a reorganisation or economic necessity, an employer can sometimes also dismiss sick employees. However, this must be done through the UWV, with evidence of financial necessity and a correct transition compensation.
3. Dissolution due to serious culpable action
If an employee seriously misbehaves – for example, commits fraud or refuses to cooperate with reintegration on a structural basis – the employer can request dismissal at will or dissolution through the sub-district court, even during illness.
4. End of a temporary contract
A temporary contract automatically expires on the agreed end date, even if the employee is sick. The employer does not have to extend the contract but must pay the transition compensation.
Dismissal during illness in case of long-term incapacity for work
After two years of illness, the dismissal ban expires. With the consent of the UWV, the employer may then terminate the employment contract if recovery is not expected in the short term. This is known as dismissal due to long-term incapacity for work.
The employee is then entitled to a transition compensation and possibly also to a benefit based on the Sickness benefits Act or the WIA. The UWV strictly tests whether the employer has done enough reintegration. If this is not the case, the UWV can impose a wage sanction and the employer must continue to pay for a longer period.
Reintegration obligations
Both the employer and the employee have reintegration obligations. The employer must offer suitable work, organise guidance and regularly consult with the company doctor. The employee must cooperate with his recovery and adhere to the plan of action. If an employee refuses this, this can affect his right to wage or dismissal protection.
Sample from practice
An employee reported sick due to tension at work but refused any contact with the employer. After months without consultations, the employer asked for dissolution due to work refusal. The sub-district court agreed with the employer: the employee had violated his reintegration obligation and lost his dismissal protection.
Dismissal during illness and transition compensation
In case of dismissal during illness or immediately afterwards, the employee is in principle entitled to a transition compensation. This compensation compensates for the loss of job and is also due in case of long-term incapacity for work. Only in case of seriously culpable behavior of the employee can this right expire.
New developments and case law
Judges now more critically test whether employers comply with their duty of care. Recent rulings have shown that employers who opt for termination too quickly are being called to order. Attention for burn out and work stress also plays a role in this: an employer has to actively contribute to recovery, not just follow the rules administratively.
What can you do in case of dismissal during illness?
Are you being dismissed while you are ill? Then act quickly:
- Keep all communication and correspondence with your employer.
- Check if your dismissal falls under an exception.
- Contact an labor law attorney within two months.
- File a complaint with the UWV or start a procedure with the sub-district court if necessary.
A timely legal reaction is crucial. Otherwise, you run the risk of dismissal becoming legally valid, even if it was unjust.
Frequently asked questions about dismissal during illness
Can my employer dismiss me while I’m sick?
Not in principle. During the first 104 weeks of illness, a dismissal ban applies. Only in exceptional situations, such as economic need or serious misbehavior, dismissal might be possible.
Do I get a transition compensation after dismissal due to illness?
Yes, you are entitled to a transition payment after termination of two years of illness, unless you acted in a seriously culpable way.
What if my employer disputes my illness?
If there is doubt about the incapacity to work, the employer can request an expert opinion from the UWV. A lawyer can help you protect your rights.
What if I resign during illness?
It is possible, but you may lose your right to wage or benefit. Always have a employment law attorney review it first.
Arslan Attorneys provides help during dismissal during illness
The employment law specialists of Arslan Advocaten have extensive experience with disputes over dismissal during illness, reintegration and transition compensations. We advise both employees and employers on their rights and obligations. Please contact for immediate legal advice.
