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In principle, you may not dismiss a sick employee during the first two years of illness: a prohibition on termination applies (Article 7:670 of the Dutch Civil Code). After that period, or in a number of exceptional situations, dismissal is possible, but always with due care.
The prohibition against termination during illness
As long as an employee is ill or incapacitated for work, a prohibition on termination applies for a period of 104 weeks (two years) in principle. During that period, you cannot terminate the employment contract through the usual channels, and you must continue to pay wages and actively work on reintegration.
Exceptions to the prohibition on termination
The prohibition on termination does not apply in all cases. For example, it offers no protection if the employee falls ill after the dismissal has already been requested, in the event of business closure, or if there is an urgent reason for summary dismissal. Dismissal may also be considered if the employee fails to cooperate with their reintegration without good reason.
Discharge after two years of illness
If the employee remains incapacitated for work after two years and there is no prospect of recovery or suitable work, you can request permission from the UWV for dismissal due to long-term incapacity for work. You must then demonstrate that reintegration is not possible. In principle, a transition payment is due.
Handle with care
Dismissal due to illness is a delicate matter: a wrong step can lead to continued payment of wages, a wage sanction, or reinstatement of the employment contract. Ensure you have a complete reintegration file and seek advice beforehand.
Frequently Asked Questions
Am I allowed to dismiss a sick employee within the first two years?
In principle not, due to the prohibition on termination (Article 7:670 of the Dutch Civil Code), subject to exceptions such as urgent cause or business closure.
Can I dismiss the employee if they do not cooperate with reintegration?
Under certain conditions, yes: if the employee refuses without good reason, you may take measures, including ultimately dismissal. Build the file carefully.
Does the employee receive a transition payment after two years of illness?
In principle, yes, in the case of dismissal due to long-term incapacity for work. There is a compensation scheme through the UWV.
Carefully arrange dismissal due to illness?
Our legal experts and lawyers review your case and draft a settlement agreement . View our employment lawteam or schedule a free consultation.
