Dismissal During Illness in Utrecht - Is That Allowed?

In Dutch employment law, the dismissal ban during illness provides important protection. In general, an employer in Utrecht and elsewhere in the Netherlands may not terminate the employment contract during the illness of an employee.

What Does the Dismissal Ban During Illness Entail?

According to Article 7:670 of the Dutch Civil Code, an employer may not terminate the employment contract as long as an employee is unfit for work. This ban applies during the first 104 weeks (2 years) of illness.

When Is Dismissal During Illness Still Possible?

There are a few exceptions where dismissal during illness in Utrecht is possible:

• Permission from UWV - For example, due to economic reasons or permanent incapacity for work
• Summary dismissal - For an urgent reason unrelated to the illness
• During probationary period - Provided that the illness is not the reason
• Mutual agreement between parties - Via a settlement agreement
• End of fixed-term contract - The contract expires automatically
• After 2 years of illness - The dismissal ban lapses

Dissolution via the Canton Court in Utrecht

The canton court, located in Utrecht at the District Court of Midden-Nederland (Vrouwe Justitiaplein 1), may dissolve an employment contract during illness in cases such as:

• Serious shortcomings in performance prior to the illness period
• Culpable conduct unrelated to the illness
• A completely disrupted working relationship

What Happens After 2 Years of Illness?

After 104 weeks, the dismissal ban lapses and an employer in Utrecht may initiate a standard dismissal procedure. In that case, the employee is entitled to a transition payment.

Salary During Illness

• First year: At least 70% of the salary (often 100% in accordance with the collective labour agreement)
• Second year: At least 70% of the salary

Responsibilities in Reintegration

Obligations of the Employer:

• Prepare a reintegration plan
• Offer suitable employment
• Consult an occupational physician

Obligations of the Employee:

• Actively cooperate in recovery and reintegration
• Accept suitable work
• Maintain contact with the occupational physician

Frequently Asked Questions About Dismissal and Illness in Utrecht

Can I be dismissed if I was ill before the dismissal application?

If the dismissal application was already submitted before you became ill, the dismissal ban does not apply.

What happens if I do not cooperate in reintegration?

Your employer may then decide to stop salary continuation.

What to Do in Case of Dismissal During Illness in Utrecht?

1. Check whether the dismissal is legally valid
2. Request written explanation and substantiation
3. Seek legal support, for example via the Juridisch Loket Utrecht (Catharijnesingel 55)
4. Consider challenging the dismissal

Statutory basis: Article 7:670 Dutch Civil Code

Frequently Asked Questions

What are my rights as an employee in Utrecht?

You are entitled to a safe workplace, fair pay, holiday with pay retention, and protection against unequal treatment or discrimination.

Can my employer dismiss me without reason?

No, dismissal must usually be approved by the UWV and based on valid reasons. Prior warnings are often required.

How many holiday days am I entitled to?

At least 20 paid holiday days per year, unless otherwise stipulated in your employment contract.

What does a collective labour agreement (CAO) mean for my job?

A CAO (collective labour agreement) regulates agreements on salary, working hours, and other employment conditions between employers and trade unions.

What should I do in case of sick leave?

You are obliged to inform your employer immediately in case of illness. You are entitled to continued salary payment during the first two years of illness.