Dismissal During Illness in Westland - Is It Allowed?

Under Dutch employment law, the prohibition on termination during illness provides important protection. In general, an employer in Westland and elsewhere in the Netherlands may not terminate an employment contract if the employee is ill.

What Does the Prohibition on Termination During Illness Entail?

According to Article 7:670 of the Dutch Civil Code, an employer may not terminate the employment contract during the period in which an employee is unfit for work. This prohibition applies for the first 104 weeks (2 years) of illness.

When Is Dismissal During Illness Still Possible?

There are some exceptions where dismissal during illness in Westland can take place:

• Permission from the UWV - For example, due to economic reasons or permanent incapacity for work.
• Summary dismissal - In case of an urgent reason, but not related to the illness itself.
• Probationary period - Provided the dismissal is not related to the illness.
• Agreement with the employee - Through a settlement agreement.
• End of a fixed-term contract - The contract automatically expires.
• After 2 years of illness - The prohibition on termination expires after this period.

Dissolution by the Subdistrict Court in Westland

A subdistrict court, for example, the District Court of The Hague, can dissolve an employment contract during illness in cases such as:

• Serious performance deficiencies that existed before the illness.
• Culpable conduct unrelated to the illness.
• A completely disrupted employment relationship.

What Happens After 2 Years of Illness?

After 104 weeks, the prohibition on termination expires, and an employer in Westland can follow the standard dismissal procedure. In that case, the employee is entitled to a transition payment.

Wages During Illness

• First year: At least 70% of the wage, often 100% depending on the collective labour agreement (CLA).
• Second year: At least 70% of the salary.

Reintegration Responsibilities

What Must the Employer Do?

• Draw up a reintegration plan.
• Offer suitable work.
• Involve an occupational health physician.

What Must the Employee Do?

• Actively contribute to reintegration.
• Accept suitable work.
• Attend consultations with the occupational health physician.

Frequently Asked Questions About Dismissal and Illness in Westland

Can I Be Dismissed If I Was Already Ill Before the Dismissal?

If the dismissal request was already submitted before you became ill, the prohibition on termination does not apply.

What If I Do Not Cooperate with Reintegration?

In that case, the employer may decide to suspend wage payments.

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

1. Check if the dismissal is official.
2. Request a written explanation and justification.
3. Seek legal support, for example, via the Legal Counter Westland.
4. Consider contesting the dismissal.

Legal basis: Article 7:670 of the Dutch Civil Code

Frequently Asked Questions

What are my rights as an employee in Westland?

You are entitled to a safe workplace, fair wages, paid leave, and protection against discrimination.

Can an employer dismiss me without reason?

No, dismissal often requires approval from the UWV and must be based on valid reasons. Prior warnings are usually necessary.

How many vacation days am I entitled to?

At least 20 paid vacation days per year, unless stated otherwise in your contract.

What does a CLA mean for me?

A CLA (Collective Labour Agreement) sets out agreements on wages, working hours, and other employment conditions between employers and trade unions.

How does continued wage payment during illness work?

In case of illness, you must inform your employer immediately. You are entitled to continued wage payment during the first two years of illness.