Dismissal During Illness in Leiden - Is That Allowed?

Under Dutch employment law, the dismissal ban during illness provides important protection. In general, an employer in Leiden and elsewhere in the Netherlands may not terminate the employment contract during an employee's period of illness.

What Does the Dismissal Ban During Illness Entail?

According to Article 7:670 of the Dutch Civil Code, an employer may not terminate the employment contract as long as the employee is unfit for work. This ban applies during the first 104 weeks (2 years) of illness.

When Is Dismissal During Illness Still Possible?

There are a few exceptions where dismissal during illness in Leiden is possible:

• Permission from UWV - For example, due to economic reasons or permanent incapacity for work.
• Summary dismissal - For an urgent reason unrelated to the illness.
• During probationary period - Provided the dismissal is not due to illness.
• Mutual consent - Via a settlement agreement.
• End of fixed-term contract - The contract expires automatically.
• After 104 weeks of illness - The dismissal ban lapses then.

Dissolution via the Canton Court in Leiden

The canton judge, for example at the District Court of The Hague, Leiden location, may terminate an employment contract during illness in cases such as:

• Serious dysfunction that already existed before the illness.
• Culpable conduct unrelated to the illness.
• A completely disrupted working relationship.

What Happens After Two Years of Illness?

After 104 weeks of illness, the dismissal ban lapses. An employer can then initiate a regular dismissal procedure, in which the employee is entitled to a transition payment.

Salary During Illness

• First year: At least 70% of the salary (often 100% via collective labour agreement).
• Second year: At least 70% of the salary.

Reintegration in Leiden: Obligations

What Must the Employer Do?

• Draw up a reintegration plan.
• Offer suitable employment.
• Involve an occupational physician.

What Must the Employee Do?

• Actively cooperate in reintegration.
• Accept suitable work.
• Attend consultations with the occupational physician.

Frequently Asked Questions about Dismissal and Illness

Can I Be Dismissed If I Was Already Ill Before the Dismissal?

If the dismissal application was already submitted before your illness, the dismissal ban does not apply.

What If I Do Not Cooperate in Reintegration?

Your employer may then decide to stop paying your salary.

What to Do in Case of Dismissal During Illness in Leiden?

1. Check whether the dismissal has actually been pronounced.
2. Request written explanation and reason.
3. Seek legal support, for example via the Juridisch Loket Leiden (Stationsweg 46).
4. Consider challenging the dismissal legally.

Legal basis: Article 7:670 Dutch Civil Code

Frequently Asked Questions in Leiden

What are my rights as an employee in Leiden?

You are entitled to a safe workplace, minimum wage, holiday days, and protection against unequal treatment or discrimination.

Can my employer dismiss me without reason?

No, dismissal often requires approval from the UWV and a valid reason. Prior warnings are usually required.

How many holiday days am I entitled to?

At least 20 paid holiday days per year, unless otherwise agreed in your contract.

What does a collective labour agreement (CAO) mean for me?

A CAO (collective labour agreement) regulates agreements on salary, working hours, and other conditions between employers and trade unions.

How does sick leave work in Leiden?

In case of illness, you must immediately inform your employer. You are entitled to continued salary payment during the first two years of illness.