Requesting the end of dormant employment: proposal, evidence and agreement

Requesting the end of dormant employment: proposal, evidence and agreement

Asking an employer to end dormant employment requires more than stating that sickness has lasted two years. The actual employment position, proposal and compensation basis need to be clear. This guide helps organise the evidence and response. It is not a personal termination letter or a guarantee that an employer must accept any proposed terms.

No. Check whether the contract remains, whether wage duties were extended and what work prospects exist.

A clear proposed end and compensation basis supports assessment. Have the assumptions checked for your situation.

A realistic prospect can matter. Ask for actual duties, timing and supporting information.

1. Verify the starting position before writing

Identify the first sickness date, the wage-continuation period and any extension imposed on the employer. Check that employment still exists and whether wages or continuing work remain. A WIA decision does not itself terminate an employment contract. Describe the current facts rather than calling every long-term sickness situation dormant.

Keep the contract, reintegration arrangements and relevant UWV correspondence. Request missing documents. An adviser needs to examine the possible dismissal ground and realistic work prospects. If an extended wage obligation still runs, a standard proposal assuming that everything ended after two years may use the wrong legal and factual starting point.

2. State the proposal you want assessed

The Xella principle concerns cooperation with termination on appropriate terms where the requirements exist, subject to a legitimate interest in continuation. Identify a proposed end and compensation basis to be checked rather than merely demanding dismissal. The relevant calculation date and entitlement should be assessed against the actual circumstances before a specific figure is presented as due.

Identify supporting documents without attaching an entire medical history. Functional conclusions and available work are different from diagnoses. Request a reasoned written answer within a reasonable period. Your chosen response date does not automatically make compensation payable or end employment if the employer does not reply. Keep the request and evidence of receipt.

3. Ask for a concrete reintegration explanation

If the employer relies on an interest in continuation, ask which suitable duties, hours and timeframe are envisaged. Explain what was examined previously and what has changed. A realistic reintegration prospect may be a legitimate interest; an abstract possibility and a supported work plan are different factual situations.

Discuss medical or occupational questions with the appropriate professional. Different employee and HR expectations do not by themselves establish either party's legal position. Preserve current advice and responses to actual proposals. An adviser can use them to assess whether further clarification, negotiation or a procedure is appropriate, rather than relying on a general statement that recovery might someday occur.

4. Separate compensation from employer reimbursement

Request a gross calculation identifying service, pay components and the valuation date. Compensation in a dormant-employment case does not necessarily grow automatically until every later negotiation date. Ask which date is relevant and why. A calculator without the correct legal assumptions may produce a precise-looking but misleading result.

UWV reimbursement to the employer has separate conditions and is not a direct payment to you. If future legislative plans are cited as a reason to refuse, ask which current rule the employer relies on. UWV confirms that the anticipated July 2026 change did not take effect then. Recheck future dates rather than treating a headline as a replacement for legislation and transitional provisions.

Illustrative example

An employee receives a large total offer with final discharge. An adviser separates compensation, holiday pay and costs, then checks the valuation date and release. Fictional illustration, not an entitlement calculation.

5. Review the whole termination document

A settlement may address final discharge, holiday hours, pension, confidentiality and costs as well as the amount and end date. Check that the factual reason is accurate. A sentence claiming benefit protection is not a binding UWV promise. Obtain advice on your income position before signing, especially where the document settles more than the compensation you originally requested.

List unresolved claims and check how the release affects them. Keep final pay and termination compensation visible separately. Specify payment dates and gross or net treatment. Any statutory reconsideration right does not remove the value of advice before signature. If withdrawing after signing, check the exact applicable conditions and deadline rather than assuming an informal message will always suffice.

6. Respond to silence or refusal with a clear objective

Retain the proposal, receipt and every response. Ask for a definite explanation rather than sending general reminders indefinitely. With legal assistance, identify the desired result: cooperation, damages or another remedy. The appropriate procedure and legal basis depend on the facts; not every refusal automatically has the same consequences or supports the same claim.

A procedure involves evidence, costs and risk. Check union or legal-expenses cover and subsidised legal aid where applicable. Ask about deadlines, documents and the correct opposing party as well as prospects. Keep benefit decisions separate: employer negotiations do not preserve an objection against a UWV award or recovery decision.

7. Bring a factual summary to an adviser

Summarise contract start, first sickness date, end of wage continuation, any extension, current work, WIA position and response to the proposal. Add a calculation with explicit assumptions. This helps identify missing facts and the question that needs answering first, rather than making an adviser reconstruct the chronology from an unstructured email archive.

Use [the WIA and income guide](guide:slapend-dienstverband-wia-en-inkomen) alongside the proposal. Agreement on employment termination is not a complete financial assessment. [The main dormant-employment dossier](guide:slapend-dienstverband) supplies the context. The purpose is an informed decision that keeps medical assessment, income protection and compensation distinguishable while showing how they interact.

Compare the relevant dates with the current agreement or decision.

Keep the application, payslips, correspondence and proof of receipt.

Ask for a written explanation of discrepancies and monitor the deadline in the decision.

Discuss medical details with the occupational physician and a legal dispute with appropriate legal assistance.

Does employment automatically end after two years of sickness?

No. Check whether the contract remains, whether wage duties were extended and what work prospects exist.

Should I make a specific proposal?

A clear proposed end and compensation basis supports assessment. Have the assumptions checked for your situation.

Is any reintegration argument enough?

A realistic prospect can matter. Ask for actual duties, timing and supporting information.

Can a settlement guarantee WIA?

No. Employer wording does not automatically bind UWV. Check benefit consequences separately.

Sources and editorial notes
Sources current as of: November 5, 2026
1. Hoge Raad: Xella en het einde van een slapend dienstverband
Publisher: Hoge Raad der Nederlanden
https://www.hogeraad.nl/actueel/nieuwsoverzicht/2019/november/hoge-raad-verplicht-einde-slapend-dienstverband-0/
2. UWV: huidige compensatieregeling langdurige arbeidsongeschiktheid
Publisher: UWV
https://www.uwv.nl/nl/ontslag/compensatie-transitievergoeding-langdurige-arbeidsongeschiktheid
3. Rijksoverheid: compensatie transitievergoeding en plannen
Publisher: Rijksoverheid
https://www.rijksoverheid.nl/themas/werk/ontslag/compensatie-transitievergoeding
4. Rijksoverheid: Prinsjesdag 2026 en uitstel arbeidsmarktmaatregelen
Publisher: Rijksoverheid
https://www.rijksoverheid.nl/actueel/nieuws/2026/09/15/prinsjesdag-2026-maatregelen-op-het-gebied-van-szw
The source publications are in Dutch. All language editions cover Dutch law.