Sickness Benefits Act: voluntary resignation in Rijswijk
**Voluntary resignation during the Sickness Benefits Act** in Rijswijk means that, while you are ill and possibly receiving a Sickness Benefits payment, you yourself choose to terminate your employment contract. Reasons can vary from conflicts with the employer to personal choices or a new opportunity. For residents of Rijswijk, this falls under the District Court of The Hague (district) and you can go to the Rijswijk Legal Advice Centre for free advice. Your decision affects your entitlement to benefits; this article explains how the process works, relevant rules and steps to protect your rights.
What does voluntary resignation during the Sickness Benefits Act mean?
Voluntary resignation, or **termination by the employee**, takes place when you as an ill employee in Rijswijk terminate the employment contract yourself. This can coincide with an ongoing Sickness Benefits payment. The **Sickness Benefits Act (ZW)** provides income for those who cannot work due to illness and no longer receive salary. Voluntary termination can affect this right, depending on the circumstances.
The Sickness Benefits Act provides 70% of your daily wage (with maximum), provided you meet the employment history requirements, such as at least 26 weeks of work in the 12 months prior to your illness.
Legal frameworks
Important legislation for voluntary resignation during Sickness Benefits in Rijswijk:
- Sickness Benefits Act (ZW): Article 10 ZW determines entitlement to benefits; see also District Court of The Hague judgments.
- Civil Code Book 7: Articles 7:667-7:675 CC on termination by the employee.
- WIA: Relevant in case of long-term illness, but secondary here.
- Implementation Decree Sickness Benefits Act: Further conditions for benefits.
Entitlement to Sickness Benefits after voluntary resignation?
After voluntary resignation, you may retain Sickness Benefits entitlement if your illness is independent of the termination. The UWV assesses this; for objection in Rijswijk: District Court of The Hague. Contact the Rijswijk Legal Advice Centre for guidance.
Key conditions
| Condition | Explanation for Rijswijk |
|---|---|
| You are unfit for work | Medical certificate via occupational physician or GP; UWV assesses. |
| Sufficient employment history | At least 26 weeks in 12 months prior to illness (or 52 weeks >65 years). |
| Illness independent of resignation | Termination must not cause illness; otherwise risk of discontinuation. |
| Timely notification | Notify resignation to employer and UWV; consult Rijswijk Legal Advice Centre. |
Practical examples
Two examples for clarity in Rijswijk context.
Example 1: Personal reasons
You have been ill for 3 months, receiving Sickness Benefits and decide to resign due to family circumstances in Rijswijk. Illness existed prior to resignation: UWV approves benefit. Step: notify UWV and seek advice from Rijswijk Legal Advice Centre.
Example 2: Conflict resignation
Due to an argument with the employer, you resign during illness. UWV rules that resignation worsened the illness: no benefit. Objection at District Court of The Hague; chance of success with evidence of independent illness.
What now? Step-by-step plan for Rijswijk
- Consult a doctor for confirmation of illness.
- Submit resignation in writing and motivated by post/registered mail.
- Notify UWV within 2 days via werkmap.uwv.nl.
- Call Rijswijk Legal Advice Centre (0900-8020) for review.
- In case of rejection: objection to UWV, then District Court of The Hague.
Frequently asked questions
Do I get a transition payment on voluntary resignation? No, only on employer termination or settlement agreement.
When does Sickness Benefits end? After 2 years, then WIA assessment.
Need help? Rijswijk Legal Advice Centre or District Court of The Hague.
Last update: 2023. Check current legislation with UWV or legal advisor in Rijswijk.