Dismissal during illness: distinguish three situations

Dismissal during illness: distinguish three situations. General information.

If you receive a termination notice while ill, establish whether it concerns dismissal, expiry of a fixed-term contract, or a proposal to end employment by agreement. These situations affect pay, protection and benefits differently.

During the first two years of illness, dismissal is generally prohibited. Exceptions can apply, for example under conditions during a valid probationary period or for summary dismissal. Illness alone does not decide every case.

A fixed-term contract does not automatically have to be renewed because you are ill. Employment obligations remain relevant until its end. Check the report of leaving employment while ill and which benefit might be available afterwards.

A permanent contract does not automatically end after two years of illness. Under conditions the employer can apply to UWV for dismissal. Have the requirements and any wage-sanction consequences assessed, rather than simply counting two calendar years.

Do not casually sign a settlement agreement while ill. You could surrender wage rights and encounter benefit problems. Resigning yourself may also be harmful. Seek advice before deciding.

List your first day of illness, contract end date and letters received. Keep UWV decisions. These documents allow an adviser to assess the route and deadlines specifically. The illness-and-dismissal guide helps you prepare.

Read the full explanation and sources on Employment Law in the Netherlands. Have someone assess which rules apply to your situation.