Illness at End of Employment in Rijswijk

Illness at End of Employment in Rijswijk

For residents of Rijswijk, illness at end of employment means your employment contract expires while you are unable to work due to illness. The employer no longer needs to pay wages, but you can often claim benefits from the UWV, such as under the Sickness Benefits Act. In this article, tailored to the situation in Rijswijk, we outline your rights and obligations under Dutch employment law. For questions, contact Het Juridisch Loket Rijswijk for free advice.

What does illness at end of employment mean for Rijswijk?

In Rijswijk and surrounding areas, illness at end of employment occurs when your contract ends due to dismissal, a settlement agreement, or the expiry of a fixed-term appointment, while you are ill and unable to fully perform your duties. Unlike illness during active employment, where the employer must continue paying wages, responsibility shifts to the UWV upon termination. As a Rijswijk resident, you can claim Sickness Benefits Act benefits if you have no income from a new job. This builds on our article Sick out of Work - What Now?, focusing on the transition period. Important: dismissal solely due to illness is not permitted in the first two years of illness, except in rare cases.

Legal frameworks in Dutch law, relevant for Rijswijk

The rules for illness at end of employment are set out in Dutch employment law, including the Work and Security Act (WWA) and the Sickness Benefits Act (SBA). Key provisions include:

• Article 7:629 DCC (Dutch Civil Code): Requires wage payment during illness, which ends upon contract termination.
• Article 29 SBA: Entitles former employees in Rijswijk to Sickness Benefits Act benefits if they leave due to illness without new income.
• Article 7:669 DCC: Dismissal due to long-term illness (after two years) requires a UWV procedure or permission from the District Court of Rijswijk.
• Article 7:673 DCC: Provides for a transition payment upon contract termination, including in cases of illness, unless you resign voluntarily.

The Gatekeeper Improvement Act obliges employers and employees to pursue reintegration. Non-compliance may result in adjustments to benefits or compensation. In Rijswijk, you can seek support from the Municipality of Rijswijk for local reintegration programs.

Your rights as an employee in Rijswijk

As a Rijswijk resident facing illness at end of employment, you can take steps to protect your income. The main rights are:

1. Sickness Benefits Act benefits: Apply to the UWV if you leave work due to illness. This amounts to 70% of your daily wage (maximum €256.23 in 2023), for up to two years or until transition to WIA.
2. Transition payment: Receive 1/3 of a month's salary per year of service, even in cases of illness, provided it is not at your initiative.
3. Reintegration support: The UWV takes over; cooperate with track 2 (job search elsewhere), possibly with assistance from Het Juridisch Loket Rijswijk.
4. Protection against dismissal: No dismissal due to illness in the first two years (Article 7:669(1) DCC). After two years, a procedure via the District Court of Rijswijk applies.

Example: As a Rijswijk resident, you are ill for 18 months and your fixed-term contract expires. No more wages, but you qualify for Sickness Benefits Act benefits and possibly a transition payment if not renewed.

Obligations for employers and employees in Rijswijk

In Rijswijk, strict rules apply to both parties to avoid disputes. The employer must:

• Pursue reintegration until contract end (Gatekeeper Improvement Act).
• Observe notice periods and pay transition compensation upon dismissal.
• Avoid discrimination on grounds of illness (Article 1 Constitution).

As an employee, you must:

• Report illness immediately and cooperate with reintegration.
• Apply for Sickness Benefits Act benefits at the UWV within two weeks of termination.
• Actively seek work, including elsewhere in the The Hague-Rijswijk region.

If the employer neglects reintegration, the UWV may increase compensation up to one year's salary (Article 7:669(9) DCC). Contact Het Juridisch Loket Rijswijk for guidance.

Practical examples for Rijswijk

Below, we illustrate illness at end of employment with scenarios familiar to Rijswijk residents.

Example 1: Fixed-term contract ends during illness
Ms. Jansen from Rijswijk has a two-year contract and falls ill after six months. The contract ends without renewal. No more wages from the employer, but she immediately applies for Sickness Benefits Act benefits from the UWV. She receives 70% of her salary plus reintegration support. In addition, a pro rata transition payment for time worked.

Example 2: Dismissal after two years of illness
Mr. De Vries, residing in Rijswijk, has been unfit for work for two years. The employer initiates a UWV procedure for dismissal. If approved, the contract ends with a transition payment and transition to WIA. Without a procedure, the dismissal is invalid; the District Court of Rijswijk may intervene.

Example 3: Settlement agreement during illness
During negotiations for a settlement agreement in Rijswijk, the employee can negotiate a higher payment due to illness. This saves time and procedural hassle, with advice from Het Juridisch Loket Rijswijk to protect your interests.

Veelgestelde vragen

Wat is mijn retourrecht?

Bij online aankopen heb je 14 dagen retourrecht zonder opgaaf van reden, tenzij de wettelijke uitzonderingen gelden.

Hoe lang geldt de wettelijke garantie?

Goederen moeten minimaal 2 jaar meewerken. Defecten die binnen 6 maanden ontstaan worden verondersteld al aanwezig te zijn.

Kan ik rente eisen over schulden?

Ja, je kunt wettelijke rente eisen (momenteel ongeveer 8% per jaar) over het openstaande bedrag.

Wat kan ik doen tegen oneerlijke handelspraktijken?

Je kunt klacht indienen bij de consumentenbond, de overheid of naar de rechter gaan.

Wat is een kredietovereenkomst?

Een kredietovereenkomst regelt hoe je geld leent, wat de rente is, en hoe je dit terugbetaalt.