Often employer and employee do not know exactly what the rights and obligations are during long-term illness.
We provide insight into the most important issues to take into account.
You’re sick and that’s very unpleasant. Maybe you don’t work, or only partially. The consequences for your income and reintegration depend on your situation. All previously discussed rights and obligations are laid down in the Wet Verbetering Poortwachter (Gatekeeper Improvement Act). This law was instituted to reduce the number of long-term sick employees by intervening quickly and efficiently. All rights and obligations that employees and employers have in case of sickness are laid down in this. This includes matters such as drawing up an Action Plan (PoA) and keeping a reintegration file.
Legal advice and guidance when entering into or terminating an employment contract, fixed-term contract or contract of indefinite duration. We always negotiate the best conditions for you.
Long-term illness can be very unpleasant for both employee and employer. Our employment lawyer will discuss the matter with you, study all documents and assess your situation.
It can of course happen: your employer wants to end the employment relationship, or you have to dismiss an employee. And however annoying that may be, you'd better be prepared for it.
As an employee, you are entitled to at least 70% of the salary during the first two years of the illness. An employer must therefore continue to pay you, even if you are not at work. Also, your employer may not dismiss you during the first two years of the illness, unless this is for another reason than the illness. Furthermore, you are obliged to make an effort to reintegrate.
As an employer, you have a number of obligations when an employee is long-term sick. For example, you must make an effort to reintegrate the employee into your company. You do this, for example, by agreeing with the employee that he or she will work fewer hours, or be given a different task package. You must also continue to pay at least 70% of the salary during the first two years. You may not dismiss the employee on the grounds of illness during the first two years. However, this is allowed if it concerns another reason for dismissal.
Do you have questions about your contract, rights or obligations? Do you want to know exactly what to pay attention to when entering into a contract? Arbeidsjurist Eindhoven advises employees and employers on entering into an employment contract. We are pleased to assist you in case of dismissal. No unpleasant surprises, but clear agreements.
Legal advice is not a simple push of a button. It is the result of a thorough inventory of your wishes and possibilities. We list important aspects together with you. The employment lawyer will take the time to do this in the first introductory meeting, which is always completely free of charge and without obligation. You are not attached to anything!
If it ‘clicks’ between you and the employment lawyer, and we can be of good service to you, you will receive a suitable proposal from us. We always base the advisory process on your goals and possibilities. We attach more importance to a realistic approach than to creating too high expectations. If you are in agreement with this, then we will proceed with the advice and guidance energetically. That is the starting point of our clear legal services.
From this moment on, we relieve you of your worries and make sure that everything is taken care of from start to finish. We handle your labour issue quickly and well. This active working method we use has proven itself amply. Feel free to take a look at our reviews on the internet.
Before, during and after the advisory process, we are your point of contact. For a long time now, our cooperation has only resulted in satisfied customers. For our customers, we take that one step extra which makes the difference in many cases. Your case is in good hands with us.
Both employee and employer can apply for an expert opinion from the UWV during the reintegration, when conflicts arise during occupational disability. For example, it may happen that an employer feels that the employee does not make enough effort for the reintegration during illness. If the UWV agrees, an employer may impose sanctions, such as stopping pay. Of course, it is also possible that an employee feels that the employer is not doing enough for the reintegration. In that case, too, an expert opinion can be requested. If the UWV is of the opinion that the employee is right, the employer will receive a wage sanction. This means that the time in which the wage must be continued to be paid will be extended, often by a year or even longer.