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Dismissal During Illness? FORBIDDEN!

You CANNOT be dismissed during illness (first 2 years)

Can your employer dismiss you during illness?

NO! In the Netherlands, there is a dismissal ban during illness. Your employer CANNOT dismiss you during the first 2 years of sickness.

Dismissed during illness = ILLEGAL

Were you dismissed while sick? This dismissal is null and void (not valid). You can get your job back or claim compensation!

What are your rights during illness?

  • Continued wage payment: Minimum 70% of your salary for 2 years
  • No dismissal possible during the first 2 years of illness
  • Reintegration: Your employer must help you recover and return to work
  • Occupational physician: You are entitled to medical guidance

What to do in case of illegal dismissal during illness?

  1. Protest
    • Immediately let them know you disagree (in writing!)
  2. Report sick
    • Continue to report your illness to your employer
  3. Legal help
    • Legal Aid Office: 0900-8020
    • FNV Legal Aid: fnv.nl
    • Lawyer specialized in labor law
  4. Go to court
    • You can have your dismissal annulled or claim compensation

Important: You have limited time to take action. Do this immediately!

Exceptions to the dismissal ban

In very rare cases, an employer may terminate during illness:

  • In case of company bankruptcy
  • If you agree to dismissal (voluntary)
  • In case of serious misconduct (not related to illness)
  • After 2 years of illness (under strict conditions)

Employer's reintegration obligations

Your employer is obliged to help you return to work. This means: offering adapted work, arranging medical guidance, and drawing up a reintegration plan with concrete goals and actions.

Role of the occupational physician

The occupational physician plays an important role during your illness:

  • You are entitled to regular consultations with the occupational physician
  • The occupational physician advises on your work resumption
  • You can always ask for a second opinion from another doctor
  • The occupational physician may not share your medical information with your employer without permission

Need more information?

Chat directly with our AI assistant or check our other guides:

  • Minimum Wage - Check if you earn enough
  • Rent Calculator - Check if your rent is too high
  • Overtime - Must this be paid?

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