After a two-year period of illness, the employer has the option to apply to the UWV Werkbedrijf for the termination of the employment contract. This process is known as applying for a dismissal permit.
In addition to the requirement of at least two years' sick leave, it must be demonstrated that recovery within 26 weeks (counting from the end of the two years) is not to be expected and that resumption of work, even in modified form, is not possible within this period. This information should be supported by reports from the occupational health and safety service and the UWV.
If these conditions are met and the employer has fulfilled all obligations, the UWV will issue a dismissal permit, terminating the employment contract. You will then be entitled to a transition allowance from the employer. Wondering how high this compensation is? Easily calculate your transitional allowance.
Dismissal via settlement agreement only possible in case of situational illness
In cases of situational illness, where the illness is caused by workplace conditions and you would be able to work for another employer, the employment contract can be terminated by means of a settlement agreement. This applies, for example, in the case of a long-term conflict with a manager. This involves agreements between the two parties regarding dismissal.
This approach offers an efficient solution without having to wait for a lengthy and costly dismissal procedure through the UWV. It is often used when the period of illness is still within two years.
The agreements may concern: the date of dismissal, the amount of the severance or transition compensation, payment of holidays and holiday pay, a budget for (re)training and guidance to other work (outplacement), a positive certificate, and compensation of legal costs.
To ensure that the settlement agreement meets the legal requirements and secures your unemployment benefit, it is crucial to have the agreement checked by a specialised employment lawyer.
Benefits of the settlement agreement
Entering into a settlement agreement offers both the employer and the employee clarity and certainty in an uncertain situation: both parties know exactly when and under what conditions the employment contract will end. This brings peace and clarity.
It also eliminates the need for a dismissal procedure, saving considerable time, stress and legal fees.
Important consideration
It is only advisable to agree to a settlement agreement in cases of situational illness after consulting a lawyer. In cases of regular illness, it is unwise to agree to a settlement agreement.
Drafting and reviewing the settlement agreement
If you reach a compromise with your employer and proceed to dismiss by mutual agreement, your employer will draw up a settlement agreement. You may then review this draft. You can negotiate on this proposal before agreeing and signing. An employment lawyer will assess whether the settlement document meets all the requirements. After all, you do not want to agree and then lose your right to unemployment benefit.
If you meet the UWV's conditions, a settlement agreement will entitle you to WW benefit. Apply for WW benefit starting on the day of the end of your employment contract. This way, you will not miss out on any money.
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Free verification of settlement agreement
Upload your settlement agreement and we will review it for you at no cost. Do we go to work for you to actually assist you during negotiations with your employer? Then we will try to include the legal costs in the settlement document, so that you only have to pay a small amount or even nothing for legal assistance.
Have you received a settlement agreement and want to have it checked that everything is correct? Please contact us via WhatsApp, call 085 080 5482 or send a email; our employment lawyer will be happy to talk to you and provide the answers to all your questions.