Continued Wage Payment During Illness on a Temporary Contract in Westland

Continued Wage Payment During Illness on a Temporary Contract in Westland

In Westland, with its thriving greenhouse horticulture sector, many residents work on temporary contracts, such as seasonal jobs in the greenhouses. As an employee, you have the right to continued wage payment during illness, but this is limited to the duration of your contract. Your employer must continue paying your wages as long as the contract is active, after which you may be able to apply for a Sickness Act benefit through the UWV. This article, tailored to the situation in Westland, explains how this works under Dutch labor law, with tips for local support.

What Does Continued Wage Payment During Illness Mean for Temporary Workers?

Continued wage payment during illness requires your employer to keep paying your salary if you cannot work due to illness. For temporary contracts in Westland, often used in the agricultural sector, this applies only until the end of the contract period. Unlike permanent jobs, payments stop at the contract's end, even if you are still recovering. You can then claim a Sickness Act benefit from the UWV, provided you meet the requirements. This protects flexible workers in the region, such as greenhouse employees, against income loss, though coverage is more limited than for indefinite contracts.

The law encourages recovery and reintegration, while employers in Westland are urged to help sick employees return to work. Illness does not automatically extend a temporary contract; it ends on the specified date. If the contract ends during your illness, apply promptly for a Sickness Act benefit with the UWV. For more advice, contact the Westland Legal Aid Office. This builds on information about the Sickness Act for flexible workers in the area.

Legal Foundations

The obligations for continued wage payment during illness are outlined in the Dutch Civil Code (BW), Book 7. Article 7:629 BW requires wage continuation during illness for up to 104 weeks (2 years), unless the contract expires earlier. For temporary contracts (Article 7:668a BW) in Westland, the fixed-term contract remains in place and ends as agreed, without converting to permanent due to illness.

After the contract ends, you fall back on the Sickness Act (ZW), as regulated by the Disability Insurance Act (WAO) and the Sickness Act. Article 19 of the ZW provides entitlement to benefits for temporary workers no longer covered by employer obligations. In the first two years, the employer pays at least 70% of your wages (often 100% in the first year under a collective labor agreement), and the Sickness Act benefit is also 70% of your daily wage, up to a maximum of €274.44 (2023). Note: For temporary contracts in Westland, you must meet wage-related conditions, such as having sufficient working days in the previous year. Agency workers follow rules from the ABU or NBBU collective agreements.

Your Rights and Obligations Regarding Continued Wage Payment

Rights as an Employee in Westland

If you are on a temporary contract in Westland's horticulture or logistics sector and fall ill, you have the right to:

• Ongoing wage payment until the contract ends (at least 70%, often higher under a collective agreement).
• Protection against dismissal during illness, except for urgent reasons (Article 7:670 BW).
• Reintegration support from your employer, including a return-to-work plan (PVA) within 8 weeks of reporting illness.
• After contract expiration: A Sickness Act benefit through the UWV, if you comply with waiting periods (usually 2 days).

For disputes, you can approach the Westland District Court or the Westland Legal Aid Office for free advice.

Obligations as an Employee

1. Report your illness to your employer immediately (typically within 2 days).
2. Cooperate with reintegration efforts, such as consultations with the occupational health service or returning to work in a modified form.
3. After contract expiration: Submit a Sickness Act application to the UWV within 2 weeks.
4. Avoid activities that hinder your recovery.

Employers in Westland must continue wage payments and inform the occupational health service, but the short duration of temporary contracts emphasizes the need for quick reintegration. The Westland Municipality sometimes offers additional support through job center programs.

Examples from Westland Practice

Suppose you are on a temporary contract for 6 months as a greenhouse worker in Westland and become ill after 3 months due to a back injury. Your employer continues payment (100% in the first year, as per the collective agreement) until the end. After 6 months, the contract stops, but if you haven't recovered, apply for a Sickness Act benefit from the UWV, which covers 70% of your daily wage (e.g., €50 per day based on a €2,000 gross monthly salary). This highlights the need for timely action to ensure a smooth transition.

For an on-call contract in local logistics, you report illness, and the employer pays for scheduled shifts. Without extension, you can still receive Sickness Act benefits if you worked enough in the previous year. In Westland, discussions often arise about wage duration with chains of temporary contracts (maximum of 3 consecutive ones, Article 7:668a paragraph 2 BW), especially in seasonal work.

Comparison: Temporary vs. Permanent Contract

For clarity, an overview:

Aspect	Temporary Contract	Permanent Contract
Wage Continuation	Only until contract end (max. 104 weeks)	Full 104 weeks
After Contract End	Sickness Act benefit via UWV	No end; wages continue

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.