Settlement agreement and retaining WW-benefits
When entering into a settlement agreement, how do you ensure retention of unemployment benefits? We explain in this article.
REORGANISATION | ILLNESS AND RE-INTEGRATION
You have enjoyed working for your employer for years, but then the news comes: a reorganisation is planned. Unrest is growing within the company, colleagues are worried and rumours of redundancies circulate. The atmosphere changes noticeably. You notice that the tension weighs on you more and more, and at some point it becomes physically or mentally difficult. As a result, you take sick leave while a lot is happening in the workplace. What does this mean for your future within the company?
A common fear is, ‘because I am ill, they will kick me out first.’ But that is not how it works. Being ill is not a reason for dismissal, even in a reorganisation. The employer has to abide by the rules of the no-sickness notice system. This means that, in principle, you cannot be fired while you are sick, unless the reorganisation is unrelated to your personal situation.
Need advice?
If your position disappears, an employer can still terminate the contract despite your illness in some cases. This is only allowed if:
In such a situation, you usually get a settlement agreement or a dismissal procedure is started through the UWV.
If you are ill during the reorganisation, your employer remains responsible for your reintegration. This means making a plan together with the occupational health service to see how and when you can return to work. This also applies if your job becomes redundant. In that case, we will see whether there is suitable work inside or outside the company.
In this situation, it is important to stay well informed. Don't be pressured into signing a settlement agreement without legal advice. It is helpful to discuss your situation with an employment lawyer so that you know what your rights and obligations are.
A reorganisation is stressful enough. If you are also ill in the process, it may feel like you are losing grip. But remember: there are rules that protect you. Make sure you know where you stand, and get help in time if needed.
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