Dismissal During Illness in Rijswijk - Is That Permitted?

In Dutch employment law, the dismissal ban during illness provides important protection. The general rule is that an employer may not terminate the employment contract when an employee is ill, including in Rijswijk.

Protection Against Dismissal During Illness

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 ban applies during the first 104 weeks (2 years) of illness, also for employees in Rijswijk.

When Is Dismissal During Illness Still Possible?

There are a few exceptions where dismissal during illness can still take place:

• Permission from the UWV - For example, in cases of business economic circumstances or long-term incapacity for work.
• Summarily dismissal - Only for an urgent reason not related to the illness.
• During probationary period - Provided the dismissal is not directly related to the illness.
• Mutual agreement with employee - Via a settlement agreement.
• End of fixed-term contract - A fixed-term contract ends automatically.
• After 104 weeks of illness - The dismissal ban lapses after two years.

Dissolution via the Canton Court in The Hague

In some cases, the canton court in The Hague (district for Rijswijk) may dissolve an employment contract during illness, for example in cases of:

• Serious shortcomings in performance that already existed before the illness.
• Culpable conduct by the employee, unrelated to the illness.
• A completely disrupted employment relationship.

What Happens After Two Years of Illness?

After 104 weeks of illness, the dismissal ban ends. An employer can then initiate a standard dismissal procedure. Employees in Rijswijk 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 bargaining agreement.
• Second year: At least 70% of salary.

Reintegration in Rijswijk: What Are the Obligations?

Employer's Responsibilities:

• Drafting a reintegration plan.
• Offering suitable employment.
• Involving an occupational health physician.

Employee's Responsibilities:

• Actively cooperating in reintegration.
• Accepting suitable work if offered.
• Maintaining contact with the occupational health physician.

Frequently Asked Questions About Dismissal and Illness

Can I be dismissed if I was already ill before the dismissal application?

No, if the dismissal application was already submitted before you became ill, the dismissal ban does not apply.

What happens if I do not cooperate in reintegration?

In that case, the employer may decide to stop salary continuation.

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

1. Check whether the dismissal has actually been pronounced.
2. Request written explanation and substantiation of the dismissal.
3. Contact the Juridisch Loket Rijswijk for advice.
4. Consider challenging the dismissal legally.

Statutory basis: Article 7:670 Dutch Civil Code

Frequently Asked Questions in Rijswijk

What are my rights if I am ill and work in Rijswijk?

As an employee, you are entitled to continued salary payment during illness, a safe workplace, and protection against unjustified dismissal.

Can my employer just dismiss me during illness?

No, dismissal during illness is generally not permitted without approval from the UWV or an urgent reason.

What if my fixed-term contract expires during illness?

A fixed-term contract can expire without the dismissal ban applying. However, check your collective bargaining agreement for additional rules.

What should I do if I need legal assistance in Rijswijk?

Contact the Juridisch Loket Rijswijk for free advice on dismissal and illness.

How long does the dismissal ban during illness apply?

The dismissal ban applies for the first 104 weeks (2 years) of illness, unless exceptions apply.