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!
Employment contract
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.
Illness
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.
Dismissal
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.
Rights & obligations in case of long-term illness
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.
employment advice
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We are genuinely interested in who you are and would like to get to know you. Because only then can we help you and give advice that really suits your personal situation and wishes.
Employees' obligations in the event of sickness
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.
Employer's reintegration obligations in the event of sickness
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.
How we work...
We would like to get to know you and of course you want to know who we are. We will find out soon enough if we can offer you what you expect. Our employment advisers will be happy to welcome you for an initial consultation.
Legal advice is not a simple push of a button, but 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 way of working has more than proved itself in the meantime.
Before, during and after the advisory process, we would like to be your point of contact. For a long time now, our cooperation has only resulted in satisfied customers. For our customers, we take that one extra step that makes all the difference in many things. Your case is in good hands with us.
Conflict during disability?
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.
Active for employees and companies
Question for our labor jurist?
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!