Mutual dismissal and illness.
LegalWorx is often asked whether an employer may make an employer a proposal to terminate employment by mutual consent (settlement agreement) When an employee is ill.
Do you want your Have VSO checked? LegalWorx offers you appropriate advice within 30 minutes.
In principle, there is no legal provision stating that an employer may not make a proposal to terminate employment by mutual consent during illness. Although there is a prohibition on giving notice during illness, an employer can still make a proposal to terminate the employment by mutual consent. It is just that it is generally not considered very good employment practice when an employer makes a settlement agreement (VSO) offered during illness because of the major (negative) consequences for employee. For instance, the employee may be left without income if he simply agrees to a termination of employment during sickness because there is no more entitlement to benefits.
As an employee, then, are you never allowed to terminate your contract by mutual consent through a settlement agreement?
A very important requirement for awarding a WW benefit is that an employee must be available for work. When there is sickness, an employee is generally not available for work which means that an unemployment benefit will be refused. Sickness benefit will always be refused when the employment contract is terminated by mutual consent, preventing a sick employee from receiving any benefits.
But when an employee is available to work for another employer but just not with the current employer, you can sign a VSO. After all, this employee can work only no longer with this employer due to, for example, a labour dispute. A mutually agreeable termination then precisely ensures that a sick employee can refocus on the future and rejoin the labour market. In such a situation, a termination by mutual agreement is precisely the solution.
With illness, the following question is therefore also important when you are offered a VSO:
Am I able to carry out my work with another employer?
Yes, then you are available for work and a VSO may be a possibility.
No? Then you are not available for work and cannot agree to a VSO.
Of course, there are more snags, which is why it is smart to always consult a lawyer when you are offered a VSO.
Therefore, have your VSO check.
If you have questions about your situation or about a received settlement agreement? Please contact us via WhatsApp, call +(31) 085-08 054 82 or send a email; our employment lawyer will be happy to assist you.
