Prolonged illness can be very unpleasant for both employee and employer. For an employer, it can make operations difficult and create tension on the work floor. As an employee it is of course very annoying not being able to work. However, employers and employees often do not know exactly what their rights and obligations are in case of long-term illness. Here are the most important things to take into account. Are you unable to find a solution together with the parties involved? Our employment lawyer will discuss the matter with you, study all documents and assess your situation. Employment lawyer Eindhoven looks after your interests. Call us directly on 040- 303 51 13 or leave your details on the contact page. You can also reach us via Whatsapp!
You’re sick and that’s 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 Act, such as drawing up a Plan of Action (PvA) and keeping a reintegration file.
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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.
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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.
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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.
Do you have questions about the terms of employment of your contract? Would you like to know exactly where you stand and what your rights and obligations are? Employment lawyer Eindhoven advises employees about their terms of employment, so that you will not be faced with any surprises. Call us directly on 040- 303 51 13 or leave your details on the contact page. You can also reach us via Whatsapp!