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Sickness Benefits Act: voluntary dismissal

With **voluntary dismissal during Sickness Benefits** in Utrecht, you can terminate your employment contract yourself while ill. Learn about local procedures at UWV Utrecht, your rights, and impact on benefits. Practical steps and legal information for residents of Utrecht.

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Sickness Benefits Act: voluntary dismissal in Utrecht

**Voluntary dismissal during the Sickness Benefits Act** in Utrecht means that, while you are ill and receiving a Sickness Benefits payment, you terminate your employment contract yourself. Reasons may vary from conflicts with employers in the Utrecht region, better opportunities elsewhere, or personal reasons. In Utrecht, the District Court of Midden-Nederland (Vrouwe Justitiaplein 1, Utrecht) handles relevant cases. Your decision affects your Sickness Benefits payment via UWV Utrecht. This article discusses procedures, rules, and steps to preserve rights, including local support via Juridisch Loket Utrecht (Catharijnesingel 55).

What is voluntary dismissal during the Sickness Benefits Act?

Voluntary dismissal, or **termination by employee**, occurs during illness with possible Sickness Benefits payment. The **Sickness Benefits Act (ZW)** provides 70% of your salary (with maximum) if you cannot work due to illness and no longer receive salary. For UWV Utrecht: meet the working hours conditions in the past 12 months.

Legal basis

Key laws for voluntary dismissal under Sickness Benefits:

  • Sickness Benefits Act (ZW): Article 10 regulates entitlement to benefits.
  • Civil Code Book 7: Termination by employee (arts. 7:667-7:675 BW).
  • WIA: Relevant for long-term illness.
  • Implementation Decree Sickness Benefits Act: Further conditions.

In Utrecht: UWV office and District Court of Midden-Nederland assess local cases.

When is there entitlement to Sickness Benefits after voluntary dismissal?

UWV Utrecht checks whether the illness is independent of the dismissal. Meet ZW and implementation rules.

Conditions for Sickness Benefits with voluntary dismissal

ConditionExplanation
You are illMedical assessment by doctor (occupational physician or GP in Utrecht).
Sufficient hours workedAt least 26 weeks in 12 months prior to illness (52 weeks >65 years).
Illness independent of dismissalNot caused by termination; UWV Utrecht checks causality.
Timely notificationReport dismissal to employer and UWV Utrecht to preserve benefits.

Practical examples in Utrecht

Two examples for clarity:

Example 1: Personal circumstances

Jan from Utrecht is ill, receives Sickness Benefits via UWV, and resigns due to relocation. Illness pre-existed; UWV approves benefits after assessment by occupational physician.

Example 2: Conflict discussion

Marie from Utrecht ill due to stress conflict, resigns. UWV Utrecht rules illness dismissal-related; no benefits. Appeal possible at District Court of Midden-Nederland (Vrouwe Justitiaplein 1).

Step-by-step plan for voluntary dismissal during Sickness Benefits in Utrecht

  1. Consult doctor for illness certificate.
  2. Report illness to employer and apply for Sickness Benefits at UWV Utrecht.
  3. Submit resignation (in writing, respecting notice period).
  4. Report dismissal immediately to UWV.
  5. Consider free advice at Juridisch Loket Utrecht (Catharijnesingel 55).

Consequences for benefits

After voluntary dismissal: Sickness Benefits continues if conditions are met. UWV Utrecht adjusts salary reference date. Note sanctions for breaching rules.

Local assistance in Utrecht

  • UWV Utrecht: Applications/objections Sickness Benefits.
  • District Court of Midden-Nederland: Vrouwe Justitiaplein 1, Utrecht – appeals.
  • Juridisch Loket Utrecht: Catharijnesingel 55 – free first-line legal aid.

Contact for personal advice. Keep all documents.