Ill during a reorganisation

Are you off sick during a reorganisation? Special rules apply in that case. You have been working happily for your employer for years, but then the news arrives: a reorganisation is on the cards. Unease is growing within the company, colleagues are worried and there are rumours of dismissals. The atmosphere changes noticeably. You find that the pressure is weighing on you more and more heavily, and at some point it begins to affect you physically or mentally. As a result, you call in sick at a time when a great deal is happening in the workplace. What does that mean for your future within the company?

Being ill does not mean being fired

A commonly heard fear is: "because I am ill, they will get rid of me first." But that is not how it works. Ziekte is not a ground for dismissal, not even in a reorganisation. The employer must comply with the rules on the prohibition of dismissal during illness. This means that, in principle, you cannot be dismissed while you are ill, unless the reorganisation is unrelated to your personal situation.

What if your position disappears during a reorganisation?

If your position disappears, an employer can still terminate the contract despite your illness in some cases. This is only allowed if:

• Your position really disappears, and so there is no more work;
• Your illness is not a reason for dismissal;
• The employer adheres to the reflection principle (which considers who is eligible for dismissal).

In such a situation, you usually get a settlement agreement or a dismissal procedure is started through the UWV.

Reintegration and your rights

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.

What can you do when you are ill during a reorganisation?

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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  At Arbeidsjurist Eindhoven the person behind the case comes first, with personal attention to your wishes.
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  Expert employment lawyers who get the most out of every case.
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  Transparent about costs. Often for a fixed fee.

We are happy to think along with you. For advice tailored to your situation, we would be glad to talk. No rights can be derived from the content of this page and it may contain inaccuracies.