Dismissed, or a problem at work? Read this first.
As a rule you have two months to challenge a dismissal in court. After that the right lapses, even if the dismissal was unfair.
- Signed nothing yet? Do not sign anything before it has been checked.
- Signed a settlement agreement (vaststellingsovereenkomst)? You normally have fourteen days to reconsider.
- Send us your contract and your employer’s letter and we will tell you where you stand.
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Signing is legally allowed, but it's the riskiest moment to sign a settlement agreement (vaststellingsovereenkomst, or VSO). You can lose both continued sick pay and the safety net behind it: the Employee Insurance Agency (UWV) can refuse a Sickness Benefit (Ziektewet) because you agreed voluntarily, and unemployment benefit (WW) is not automatic either, because you're not available for work while sick. Do not sign before this is checked.
What you can do now:
- Don't sign today, no matter the deadline given — ask for time to get advice.
- Don't say yes verbally, even "in principle" — only a written agreement counts.
- Ask your employer to confirm in writing why they're proposing this now.
- Send us the proposal today for a free check before you respond.
- If you already signed, check the date — your reflection period is short and runs from day one, sick or not.
Can I sign a settlement agreement while I'm off sick?
Yes, nothing in the law stops you from signing while sick, but the usual reassurances about a settlement agreement don't apply here. A neutral reason for ending the contract and a correctly calculated notice period — the two things that normally protect your WW — don't fix the problem created by sickness itself. The real risk sits in a different law: your sick pay and benefit rights, not your dismissal grounds.
What changes because I'm sick?
Four separate things can go wrong at once, and each needs its own check. Article 7:629(1) BW gives you continued pay during illness — in principle 70% of salary for up to 104 weeks, at least minimum wage in the first 52 — but that right is tied to the contract and stops on the end date you agree to. The Ziektewet can be refused if UWV decides you agreed to end your job voluntarily while incapacitated. WW requires you to be available for work, which by definition you aren't while sick. And signing gives up the protection of article 7:670(1) BW, which bars dismissal during the first two years of illness.
Does signing affect my WIA claim too?
It can, and this is the part people check last. Whether and how a later WIA (long-term disability) application is affected depends on your situation and how your illness period develops — this needs individual review before you sign, not after. A running or threatened reintegration dispute with your employer also doesn't disappear because you signed something.
Is there ever a good reason to sign anyway?
Sometimes, but only after loss, Ziektewet, WW and WIA have each been checked separately. It can be defensible when your incapacity is nearly over, or when the compensation is substantial enough to cover the actual risk — not a standard answer, and it depends on your reintegration progress and outlook for recovery.
What if I only report sick after getting the proposal?
Whether you were incapacitated on the agreed end date is a factual question — it doesn't disappear because the agreement was signed earlier. Fall ill during the notice period? Tell your adviser immediately; it can still affect your benefit position after signature.
How much reflection time do I have if I already signed?
In principle two weeks from the date you signed, extended to three weeks if the agreement didn't mention this right at all — and this applies whether or not you were sick. Article 7:670b(2) BW lets you cancel in writing, without giving a reason, within fourteen days of the agreement being made; if your employer failed to state that right in the text, the term becomes three weeks under article 7:670b(3). A clause making you waive this right is void under article 7:670b(6). Cancelling puts you back to where you started — it doesn't fix the sickness problem, it just undoes the signature.
By way of illustration. An employee on long-term sick leave receives a settlement proposal that reads like every other one: neutral reason, employer's initiative, notice period respected. She assumes it's therefore safe to sign, but the text says nothing about her Ziektewet position, because she's still incapacitated on the proposed end date. This is an illustrative example, not a case handled by our firm.
When does it go wrong?
- Assuming a "clean" agreement is automatically safe. A well-drafted VSO can still leave your Ziektewet and WIA position unchecked — those aren't fixed by neutral wording about your dismissal reason.
- Waiting until after signing to mention the illness. Report a sick period during the process to your adviser immediately, not after you've signed.
- Treating the reflection period as a safety net. It only undoes the signature; it doesn't repair a bad WW or Ziektewet position, and it runs out fast.
This is a short overview. For the full picture — including what should and shouldn't be in the text, notice periods, and transition payment — read our in-depth guide to settlement agreements and illness.
Call [+31 70 450 0300](tel:+31704500300) or send your documents via our contact page. The first conversation is free and confidential. Six offices in the Netherlands. Dutch, Turkish, Polish and English spoken.