Sickness Benefits for Flex Workers in Utrecht
As a flex worker in Utrecht, such as a temp worker or on-call employee at a local company, and you fall ill without wage continuation from your employer, you can apply for a sickness benefit from the UWV. This safety net provides financial support during your illness period, provided you meet the requirements. In this article, we explain the rules with Utrecht-specific examples and practical advice, including assistance from Het Juridisch Loket Utrecht.
What is a sickness benefit?
The ZW benefit is part of the employee insurance schemes and is governed by the Sickness Benefits Act (ZW). It applies to sick employees without wage continuation from their employer. For flex workers in Utrecht with temporary jobs, such as in hospitality or logistics, this is common as contracts often lack a continuation obligation.
Consider temp workers via agencies in Utrecht or on-call employees without fixed hours; they typically do not receive 70% of their wage for the first two days of sickness (Article 7:629 of the Dutch Civil Code). The UWV steps in. This builds on our broader overview Sickness Benefits: Everything About Your Rights.
Legal Framework for Flex Workers in Utrecht
Key legislation includes:
- Sickness Benefits Act (ZW), Articles 16-29: eligibility criteria.
- SUWI: framework for UWV support.
- Unemployment Benefits Act (WW): For WW claimants who fall ill, the 'ZWG scheme' applies to flex workers.
- Dutch Civil Code Article 7:629: Employer obligations, often limited by collective agreements such as ABU for temps in Utrecht.
Temp workers without recent payslips fall back on the 'AOW resident daily wage scheme', which affects your benefit amount.
Eligibility for ZW as a Flex Worker in Utrecht
You qualify if:
- Work requirement: Employment in the 36 weeks prior to illness.
- Work incapacity: More than 35% incapacitated (assessed by UWV insurance physician).
- No wage: Employer does not continue at least 70%.
- Residence: In the Netherlands or EEA, such as Utrecht.
Utrecht practice: Marieke, an on-call worker at a restaurant in Utrecht city center, reports sick. No wage from employer, so UWV approves her ZW based on daily wage.
Overview by Flex Worker Type in Utrecht
| Type of Flex Worker | ZW Entitlement | Utrecht Case |
|---|---|---|
| Temp Worker | Yes, without wage from agency | Ill during Utrecht assignment: UWV payout. |
| On-Call Worker | Yes, for illness during on-call | Contract ends: ZW if sufficient work history. |
| Payroller | Limited, check collective agreement | Employer often pays; otherwise ZW via UWV. |
| Self-Employed (ZZP) | No, opt for VWG | No ZW; alternative for independents. |
Rights and Obligations During ZW
Rights:
- 70-91% of daily wage (91% in year 1, 70% thereafter).
- UWV reintegration support.
- Protection against dismissal after 2 years of illness.
Obligations:
- Reporting: Within 2 days to employer and UWV.
- Reintegration efforts (work trial, therapy).
- Undergo insurance medicine assessment.
- Report changes (new work).
Utrecht practice: Ahmed, a temp worker at a logistics firm in Utrecht-Noord, receives ZW after an injury. Weekly effort declaration required; non-cooperation ends benefit.
Applying for ZW as a Flex Worker in Utrecht
- Report illness in writing to employer (within 2 days).
- Apply via werk.nl (using DigiD).
- Attach payslips/contracts.
- Assessment within 6-8 weeks.
Retroactive from reporting date. If in doubt: Het Juridisch Loket Utrecht for free advice.
Duration and Amount of ZW Benefit
Duration: Up to 104 weeks, shorter upon recovery.
Amount: Based on daily wage. For €200 daily wage: €182 (year 1), €140 (thereafter), after deductions.
ZWG combination with WW possible.
Frequently Asked Questions for Utrecht
ZW at end of on-call contract in Utrecht?
Yes, with 36 weeks of work history. UWV assesses total history.
Agency refuses: what now?
Check collective agreement (ABU). No wage? ZW entitlement. Appeal to UWV; possibly District Court Utrecht.
Own-risk period for flex workers?
No, unlike WIA. Reintegration obligation applies.
Decision period for ZW application?
4-8 weeks including assessment. Provisional advance if delayed.
Tips for Flex Workers in Utrecht
- Document: Keep payslips, contracts, reports.
- Report immediately: Days 1-2, or risk sanctions.
- Consult Het Juridisch Loket Utrecht for personal help.
- Check local collective agreements via Municipality of Utrecht or agencies.
- For appeals: support from District Court Utrecht if needed.