Sick Leave & Dismissal Threats — Your Rights in Netherlands

Being ill is difficult enough, but when your employer threatens dismissal on top of that, the situation becomes extra stressful. Fortunately, as a sick employee in the Netherlands, you're well protected under Dutch law. It's important that you know your rights and understand what steps you can take to protect yourself.

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What's happening?

An employer who threatens dismissal during sick leave often acts contrary to Dutch law. Unfortunately, this happens regularly, especially with smaller companies trying to limit the costs of sick leave (ziekteverzuim). Some employers mistakenly think they can dismiss employees more easily during illness. Others feel irritated by the sick leave and try to apply pressure. This behaviour is not only illegal under Dutch law, but also very harmful to your recovery and wellbeing.

What does Dutch law say?

Dutch law provides strong protection against dismissal during sick leave. The Dutch Civil Code (Burgerlijk Wetboek) and Sickness Benefits Act (Ziektewet) contain clear rules about this. Employers cannot simply dismiss an employee when they are sick in the Netherlands. There are strict conditions and procedures that must be followed. Violation of these rules can lead to nullity of the dismissal and compensation.

1Article 7:670 BW (Dutch Civil Code): Dismissal during sick leave is void, unless there are urgent reasons or the illness lasts longer than 2 years

2Article 7:629 BW (Dutch Civil Code): Employer must act as a good employer and may not apply pressure

3Article 7:671 BW (Dutch Civil Code): With void dismissal you have the right to continued salary payment and possible compensation

What are your rights?

As a sick employee in the Netherlands, you have strong rights that protect you against unlawful dismissal. It's essential that you know and use these rights.

1Dismissal protection: You cannot be dismissed whilst you are sick, except for urgent reasons or after 2 years of illness

2Continued salary payment: You're entitled to at least 70% of your salary during the first 2 years of sick leave

3Recovery-focused support: Your employer must help you with reintegration (re-integratie) and may not apply unnecessary pressure

4Compensation: With unlawful dismissal you can claim compensation and return to your position

What can you do now?

It's important to take immediate action when your employer threatens dismissal during your sick leave in the Netherlands.

1Document everything: Keep all emails, letters and note conversations with date and time where dismissal is threatened

2Inform your employer in writing: Point out to your employer that dismissal during sick leave is void under Dutch law and ask for written confirmation that no dismissal will occur

3Involve your trade union or legal insurance: They can mediate and prepare legal steps

4Seek legal help: If the threat continues, contact an employment law solicitor or the Legal Desk (Juridisch Loket)

Template letter

MijnRecht.AI can help you draft a professional letter pointing out to your employer the unlawfulness of dismissal during sick leave under Dutch law. This letter contains the correct legal basis and can help resolve the situation before further escalation is necessary.

Where can you get help?

For help with dismissal threats during sick leave in the Netherlands, you can contact the Legal Desk (Juridisch Loket) for free advice, your trade union if you're a member, or a specialised employment law solicitor. With actual dismissal, you can go to the subdistrict court (kantonrechter) within two months. You can also contact the Employee Insurance Agency (UWV) for questions about sick leave and your rights as an expat.

Conclusion

Don't let yourself be intimidated by dismissal threats during your sick leave. Dutch law is on your side and provides strong protection. By acting quickly and adequately, you can protect your rights and ensure you can recover in peace.

Frequently Asked Questions

Can my employer dismiss me if I've been sick for 6 months?

What if my employer says the company is going bankrupt because of my sick leave?

Can I be dismissed if I refuse to cooperate with reintegration?

What happens if I'm dismissed during my sick leave anyway?

Must I accept that my employer involves an occupational physician?

How long can I be sick before dismissal becomes possible?

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