In the Netherlands, your employer is usually not allowed to dismiss you if you are sick. It is only allowed to do this after you have been on sick leave for two years. During that period, you and your employer need to make a joint effort to get you back to work. In some cases, your employer can dismiss you before the end of that period.
If you become sick and you have an agency contract with a temporary employment clause, your contract can end immediately. This usually means you no longer have the right to wages from the employment agency.
In that case, you might be able to claim sickness benefit from UWV. Always report sick immediately to the employment agency and to the company where you work. This ensures everyone knows what is going on and avoids problems when it comes to your sickness benefit.
If there is no temporary employment clause in your agency contract, you will still be employed even if you are sick. The employment agency must continue to pay your wages for the rest of your contract.
If you do not know whether your agency contract is covered by a CAO, contact Stichting Naleving CAO voor Uitzendkrachten (SNCU) or Het Juridisch Loket.
If you have a permanent contract and you become sick, your employer is not allowed to dismiss you for the first two years. While you are on sick leave, you will be paid for the hours specified in your contract . You have the right to at least 70% of your wages for a maximum of two years. Your CAO may contain other arrangements.
During the first year, your employer must pay you at least the national minimum wage. If you are sick for a long time, you and your employer will see if you can temporarily work fewer hours or do other work at the company. We call this reintegrating after sick leave. If you do not cooperate in this, for example if you do not want to do any other work, you can be dismissed before the end of the two-year period.
Not in most cases. If you have a permanent contract, your employer is not allowed to dismiss you within the first two years. During that time, you will receive at least 70% of your wages. You will make plans with your employer to help you return to work on a full-time or part-time basis.
If you have an agency contract with a temporary employment clause, your contract can end immediately. You will no longer receive wages, but in many cases you can claim sickness benefit from UWV. If there is no temporary employment clause, the employment agency must continue to pay your wages for the rest of your contract.
Yes. This is possible. You can be dismissed if, for example, you refuse to cooperate in reintegrating after sick leave by doing modified work. Your work can also end if your contract ends while you are on sick leave. In that case, you can usually get sickness benefit.
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