You have been ill for a long time and your employer wants to dismiss you by mutual agreement via a settlement agreement (VSO). This may come unexpectedly and raise the necessary emotions and questions for you. What does this mean for your income? Should you sign it as soon as possible? And is this even legally valid? At Transitievergoedingberekenen.nl, we are happy to help you with a free VSO check and legal support if follow-up steps are required. Simply submit your settlement agreement online and get a no-obligation consultation from our employment lawyer.
- Free VSO check by an employment lawyer
- Submitted before 19:30 on weekdays, advice within 30 minutes
- 95% certainty on improved sickness severance scheme
Fast forward to
- Sickness dismissal: this is something an employer should almost never do
- Can your employer offer a VSO during illness?
- How do judges judge the signing of a VSO during illness?
- Termination of employment after 2 years of illness
- VSO in case of illness? Request a free check
- The face behind Transitievergoedingberekenen.nl
- Together, we make the most of your situation
- Frequently asked questions about a VSO during illness
Sickness dismissal: this is something an employer should almost never do
Dismissal for illness is prohibited in most cases. The law has a so-called prohibition on giving notice during illness, which protects employees against dismissal during their period of illness. This is laid down in Article 7:670(1) in the Civil Code. Your employer may therefore not terminate the employment contract during this time, even with a settlement agreement, unless there is a situation that the law recognises as an exception. Precisely because the consequences of a VSO during illness can be major, it is important that you always have an offered agreement checked by an experienced employment lawyer.
Duration of notice ban on permanent contract: 2 years
Length of notice ban on temporary contract: on the agreed end date of the contract
Exceptions when it is allowed by law
- Dismissal during probationary period: during your probationary period, the employer may terminate the contract at any time, even if you are sick.
- Instant dismissal: if there is a legally valid summary dismissal, the legal protection against dismissal during illness is lost.
- Dismissal for work refusal: If you refuse to follow the reasonable instructions of your employer or company doctor without a valid reason, the ban on giving notice during illness does not apply.
- Dismissal due to reorganisation: when jobs are lost for economic reasons within a 26-week period, an employer may also dismiss sick employees.
- Dismissal on business termination: if the company ceases to exist or is declared bankrupt, the employment contract can be terminated regardless of illness.
- Dismissal after two years of illness: once you have been incapacitated for 104 weeks, the ban on notice expires and your employer can terminate the contract, often through a settlement agreement.
Receive transitional compensation when dismissed after 2 years of illness
If you receive a notice of dismissal from your employer after two years of illness, in most cases you are entitled to a transition allowance. This statutory compensation is designed to provide financial compensation for the loss of your job and to help you move to other work. The amount is calculated based on your monthly salary and number of years of service, with accrued holidays and fixed salary components also taken into account. Since the calculation affects the total amount you will receive with you, it is important to know whether your employer's proposal is correct.
Want to see immediately what you are entitled to? Then use the free severance pay calculator on our website.
Can your employer offer a VSO during illness?
Yes, your employer may offer you a settlement agreement at any time, even if you are ill. However, it is entirely your own choice whether to accept this offer. Because during illness, in most cases the legal notice ban applies, you have extra protection against dismissal.
Take care when signing a VSO
By signing, you waive that protection, which may affect your entitlement to benefits, your reintegration and your financial position. Have you signed? Then you always get 14 days reflection time. During this period, you may dissolve the settlement agreement at any time without a valid reason.
How do judges judge the signing of a VSO during illness?
Judges and the UWV are looking critically at signing a settlement agreement during illness because it can directly affect your entitlement to benefits. This is evident from a ruling in which an employee missed out on her Sickness Benefits.
In this, she had signed a settlement agreement on 12 June. Later, on 31 July, her former employer retroactively reported her sick to the UWV with effect from 23 February. The UWV assumed the correctness of this sickness report, as the employee had not objected to it. This established that she was already ill at the time of signing, as well as that she was still unfit for work on her last working day.
The result: not entitled to sickness benefit because she should not have signed a VSO during illness. In addition, she was also denied unemployment benefit because she was not available for work due to her illness. This ruling shows how important it is to always have a sickness settlement agreement legally reviewed first.
Termination of employment after 2 years of illness
After you have been ill for two years, your employer may terminate your employment. This can be done in two ways: via a settlement agreement (VSO) or by applying to the UWV for a dismissal permit. Both routes have their own characteristics and consequences for your compensation, your benefits and the speed of the process.
Dismissal via VSO after 2 years of illness
If your employer opts for a VSO, you will agree together on the termination of employment. You have more scope to negotiate a proper severance payment and additional matters, such as payment of outstanding holidays or additional compensation. The advantage of a VSO is that the process is often faster than through the UWV and there is room for tailor-made agreements.
Do you want to end your employment with a settlement agreement? Our specialised lawyers will review your situation, provide honest advice and ensure that your rights are properly recorded. This way, you avoid costly mistakes and get the most out of your settlement agreement.
Dismissal via VSO after 2 years of illness
If your employer opts for a VSO, you will agree together on the termination of employment. You have more scope to negotiate a proper severance payment and additional matters, such as payment of outstanding holidays or additional compensation. The advantage of a VSO is that the process is often faster than through the UWV and there is room for tailor-made agreements.
What should you pay attention to in a VSO in case of illness?
With a VSO during illness, it is important that all agreements are legally correct and fully recorded. Pay particular attention to the following points:
- Dismissal without blame: the agreement must clearly state that you are not at fault for the dismissal.
- No serious reason: there must be no misconduct or other pressing reason, as this could affect your right to unemployment benefit.
- Defining employee's position: Sometimes it is wise to state that you do not initiate or agree to the dismissal, but you do agree to the established arrangement.
- Clear dates: check that both the start and end dates of your employment contract are correctly recorded.
- Specific amount of severance pay: The agreed amount and the conditions under which it will be paid must be set out exactly in the VSO.
- Reimbursement of legal fees: see if there is a budget included for legal aid so that we can help you free of charge.
- Securing unemployment rights: the wording must be such that your entitlement to unemployment benefits is not jeopardised.
Want to make sure these points are well covered? Then have your VSO checked by our employment lawyer free of charge before you sign.
VSO in case of illness? Request a free check
Our specialist VSO lawyers will carefully assess your agreement and pay attention to all the issues involved in sickness. This initial advice is completely free of charge, and do you submit the application before 17:30 on working days? Then we will contact you within 30 minutes.
The face behind Transitievergoedingberekenen.nl
I am employment lawyer Robin Sieverdink and the face behind Transitievergoedingberekenen.nl. During my law studies, I noticed how often employees were put under pressure by their employers, without knowing their rights or daring to stand up for themselves. That touched me and still forms the motivation behind my work. Every day, I am committed to guiding people through dismissal cases in an honest and accessible way. I listen to what is really going on, take my time and work with you to find a solution that is right.
With more than 15 years of experience and an eye for detail, I manage to achieve a better settlement than the employer's initial proposal in 95% of cases. My help is personal, expert and in almost all cases free of charge, as employers often reimburse legal costs.
My promises
- I really listen to your story to represent your best interests
- In 95% of cases, I manage to achieve a better dismissal settlement than the first proposal
- During a free consultation, I will give you a clear and honest assessment of your options
- I will keep you informed step by step of everything that happens in the process
- I make sure your rights remain protected, such as maintaining unemployment benefits or paying out holidays correctly
- You will get expert legal help from me, without unexpected costs afterwards
Together, we make the most of your situation
Does the VSO check reveal that your agreement is incomplete or could be more favourable? Then our dismissal lawyers are ready to get to work for you. We can negotiate on your behalf, negotiate a draft VSO draw up or amend existing agreements. In almost all cases (98%), this will cost you nothing, as many employers have already included a budget for legal support. Is that budget missing? Then we will include the costs in the negotiations, so that you still do not have any additional expenses.
Our lawyers are committed to providing fair severance pay, clear and correct terms and conditions and removing unnecessary risks. Once everything is finalised, we will ensure a careful conclusion of your VSO during illness. Even after that, we remain available for questions. Should there be any costs, we always discuss them in advance and only start when you agree. Would you like to know more? Feel free to contact us.
What else can I help you with?
Engage VSO lawyer
Do you have doubts about your VSO? Our lawyers look at your situation, advise you and conduct negotiations where necessary. So you get the maximum result from your sickness settlement agreement without any worries.
Negotiating your VSO
Do you want better terms or higher compensation? Our lawyers negotiate for you and put your interests first so that you get the best result.
VSO and severance pay
Find out exactly what you are entitled to upon dismissal and how to claim your severance pay can maximise. With our tips, you will be stronger in every negotiation.
VSO, UWV and unemployment benefit
Incorrect wording in your VSO could put your unemployment benefit at risk. Find out what it UWV mind and how we ensure your right is preserved.
Frequently asked questions about a VSO during illness
Yes, a settlement agreement can be offered even during illness. In fact, your employer may present you with a VSO at any time, but you are never obliged to sign it. During illness, the legal notice ban, which gives you additional protection against dismissal. If you sign anyway, you waive that protection and there may be consequences for your entitlement to benefits or your financial position. It is therefore wise to always have a VSO in case of illness checked by an employment lawyer first, to make sure the terms are correct and whether there is room for a better arrangement.
Yes, in most cases you are entitled to a transition allowance if you leave employment after two years of illness. By law, this compensation is intended to provide financial compensation for the loss of your job and support you in moving to other work. The amount is calculated based on your gross monthly salary, including fixed salary components, and the number of years of service. Only in exceptional situations, such as in the case of seriously culpable actions on your part, can the compensation be cancelled.
In case of illness, dismissal can be done either through a settlement agreement (VSO) or through the UWV, but the best depends on your situation. A VSO is often quicker and gives room to negotiate additional compensation and conditions, such as payment of holidays or a favourable end date. Dismissal through the UWV usually takes longer and offers less room for negotiation, but is tested against the legal conditions, which can give extra legal certainty. In many cases, a VSO provides more flexibility and financial benefit, provided it is properly checked legally.
No, with a temporary contract, the two-year sickness notice protection does not apply in the same way as with a permanent contract. If your fixed-term contract expires during your illness, the employer may simply let it end on the agreed end date, without an extension or dismissal procedure. No dismissal permit then needs to be applied for and there is no legal prohibition on giving notice during illness. However, you may be entitled to a transitional payment, depending on the length of your employment and the reason for termination.