Dismissal during illness: protection, exceptions and income

What protection does the prohibition on notice provide?

The prohibition restricts what an employer can do during illness; it does not automatically turn a temporary contract into a permanent one. Record your first day of sickness and earlier sickness periods. Short interruptions can be connected for the calculation. Ask for the dismissal reason and the date any proceedings began. Saying that you have “almost been ill for two years anyway” does not establish the end date or the legal route.

When might earlier dismissal be possible?

Exceptions exist, for example during a valid probationary period, for an urgent reason or in certain situations where a dismissal application was submitted before the sickness report. Serious failures in reintegration can also have consequences, but conditions and careful assessment apply. A workplace dispute alone is not a free pass. Have someone examine whether the reason given relates to your illness and whether the chosen procedure fits the situation.

Your temporary contract expires

Suppose your annual contract ends on 31 December while you have been ill since September. The prohibition on notice generally does not require the employer to renew it. Ordinary obligations remain until the end date. Ask who will report you as leaving employment while sick, and check the confirmation with UWV. Keep the contract, renewal notification, payslips and reintegration records. A possible Ziektewet sickness benefit and any transition payment must be assessed separately; one does not automatically exclude the other. If you are still sick when the contract ends, do not assume WW will follow: WW requires you to be immediately available for paid work. Have the possible Ziektewet route assessed separately instead of assuming WW in your final financial planning.

Dismissal is not automatic after two years of illness

A valid dismissal route is usually still necessary after the protected period. For long-term incapacity, this normally goes through UWV. Relevant matters include the recovery prognosis, adjusted work and redeployment. A pay sanction for insufficient reintegration can extend the salary-payment period and dismissal protection. Obtain the UWV decisions. Salary stopping, a WIA decision and the employment contract ending are three different events: do not assume they occur on the same date.

Continue cooperating carefully with recovery and work

Follow reasonable arrangements for availability, meetings and suitable work. If you disagree about your capacity, explain specifically which task or phased return you cannot manage and discuss this with the occupational physician. A UWV expert opinion may help in a reintegration dispute. An ongoing dispute does not automatically suspend arrangements. Keep proposals and responses so it remains clear afterwards which solutions you tried and what medical assessment was available.

A settlement agreement needs extra attention

Agreeing to termination during illness can cause the loss of salary entitlements and problems with benefits. A sentence stating that the employer took the initiative does not resolve this. Have your health, the end date, remaining salary payments and possible prejudice to UWV assessed together. Do not use the statutory reconsideration period as a substitute for advice beforehand. Even an attractive amount must be compared with the income and protection you may be giving up.

Check money and deadlines separately

Make a list of salary, holiday allowance, holiday hours, pension, any transition payment and expected subsequent income. Short statutory court deadlines apply to dismissal applications; seeking to annul a dismissal often requires action within two months. An application concerning the transition payment generally has a three-month deadline after employment ends. An objection letter to the employer does not automatically preserve these deadlines. Immediately establish which application is needed and when it must arrive.

A useful practical aid is a timeline with four columns: date, event, document and next action. Put the sickness report, problem analysis, proposed tasks, pay measure and dismissal letter alongside one another. An adviser can then identify more quickly whether the employer is mixing different rules. Include missing documents too: a warning you never received or unclear medical feedback can be relevant. Request these documents specifically and keep your request. This gathers evidence without sharing your entire medical history with the employer.

Practical checklist

• Record the first sickness day, contract end and receipt date of each letter.
• Request the dismissal reason, procedure and reintegration file.
• Compare salary, benefits and the final account before consenting.
• Have court deadlines recorded immediately.