During the first 2 years of illness, your employer is not allowed to fire you. If you have been unable to work for 2 years (or more), this dismissal ban expires and your employer can apply for a dismissal permit from the UWV. In order to obtain the dismissal permit, the UWV checks if: You can`t find a solution with your employer? Then your case must be before the court within 3 months of the end of the contract. Otherwise, you will not receive the transitional payment. Since 1 January 2020, the employee is entitled to a transitional indemnity in the event of dismissal from the first day of the employment contract. The calculation of the transitional allowance is as follows: 5. Investment costs If the employer has incurred costs to increase the employability of the employee, these costs may be deducted from the transitional payment. However, strict conditions apply to this. This can result in transition costs and employability costs. If you have been ill for less than 2 years, it is advisable not to simply accept an amicable termination. Because: Sometimes 3 or more fixed-term contracts in a row count as an open-ended contract.
You and your employer must then respect the rules of a permanent contract. Have you had a number of fixed-term contracts with the same employer with interruptions of 6 months or less? Since 1 July 2015, employees have been entitled to a transitional allowance in the event of dismissal. This right also applies if a fixed-term contract is not renewed. To be entitled to a transitional allowance in 2022, you must (had) an employment contract. The transitional payment is a sum of money that your employer pays you. You are entitled to a transitional payment if you are employed and your employer terminates your contract. For example, if your fixed-term contract is not renewed, you may be entitled to a transitional payment. This saves you from having to pay a transition fee while maintaining the working relationship with the employee. In addition, you give the employee the certainty that the job will continue (in the long term). If your employer does not pay (on time) while you are entitled to compensation, you can initiate legal proceedings in this regard. Please note: The collective agreement that applies to you may stipulate that different rules apply to you.
For example: In the case of seasonal work, the period of up to 6 months between fixed-term contracts can be shortened to a maximum of 3 months. If you are dismissed due to (economic) developments within the company, we call this a termination for commercial reasons. If you do not agree with your dismissal, your employer must request your dismissal for economic reasons from the UWV. Our customers often come to us with questions about a transitional payment. That`s why we`ve written several articles with everything you need to know about a transitional payment. Do you have any questions? Do not hesitate to contact one of our lawyers specializing in termination. We are happy to help you! In the event of a prohibition on dismissal, your employer cannot terminate the employment contract. This applies, for example, if you have been sick for less than 2 years. If your employer terminates while there is a prohibition on dismissal, you can ask the District Court to terminate the termination within 2 months of the termination of your employment contract. The employment contract then continues to run and you are entitled to a salary for this period. Instead, you can also apply for compensation from the sub-district court.
This is called equitable remuneration. The termination then remains in force. You and your employer receive the decision at the same time. If we do not agree with the request for dismissal, your employer cannot dismiss you. Your employer can then ask the sub-district court to terminate the employment contract. If we agree, the employer can fire you. Your employer will then send you a letter within 4 weeks stating that he is terminating the employment contract. The notice period begins the day after the employer sends this letter. Your termination will take effect after the expiry of the notice period. Have you been out of service between 2 contracts in 6 months or more? Then, your old contracts will not be taken into account in the calculation of the transition fees. 4.
Transitional allowance in the event of long-term incapacity for work Workers made redundant because they have been ill for more than two years are also entitled to a transitional allowance. The employer can recover the transitional payment. With the “transitievergoeding compensation rule”, the government avoids the employer having to face sharply rising costs due to an employee who is incapable in the long term. If the employer invokes the compensation plan, he must meet a number of conditions: In addition, your employer may owe you a transitional indemnity if you terminate or terminate your employment contract yourself or continue your employment contract without notice due to serious and culpable acts or omissions of your employer. .
