Resigning or being dismissed while sick in the Netherlands
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Detailed explanation, checklist and sources
Thinking of resigning while ill? Have the consequences for wages and benefits assessed first. Under Dutch law, your employer generally cannot give notice during your first two years of illness. This also protects a fixed-term contract before its end date, but does not prevent it expiring on the agreed date. Exceptions apply.
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1. Can my employer dismiss me while I am sick?
Record the first day of illness and the contract end date. Keep letters from the employer, UWV and occupational physician. A dismissal prohibition generally applies during the first two years of illness, including while a fixed-term contract is still running. Illness does not extend its agreed end date. Exceptions may include a valid probationary period, summary dismissal, insufficient cooperation with reintegration or illness starting only after the employer submitted a dismissal application to UWV. Have the exact procedure and conditions assessed.
2. My fixed-term contract ends during sick leave
A fixed-term contract can still expire during illness. Ask who reports you as sick on leaving employment and discuss the next income route with UWV. Continue following applicable sickness and reintegration procedures.
3. Should I sign a settlement agreement (VSO)?
Do not resign or sign a VSO while ill without individual advice. If you receive a dismissal letter or court papers, seek help immediately: challenge periods may be short. Do not assume the employer's stated date gives you time to wait. Have you already signed a VSO or agreed in writing while ill? Collect the agreement and all messages accepting it and seek legal advice immediately. Check whether you can still withdraw in writing and the exact deadline. Do not wait for the first benefit payment. Resigning yourself has no statutory cooling-off period like a VSO.
4. Can I resign and claim benefits while sick?
Resigning can end your employer's obligation to continue paying wages and put sickness benefit (Ziektewet) at risk. If you remain ill and unavailable for paid work when employment ends, unemployment benefit (WW) is not an automatic alternative. First clarify who wants to end the contract, on what date and whether you have already agreed.
Which situation applies to you?
First compare how your employment ends. This overview concerns Dutch law; UWV decides benefit entitlement.
| Your situation | What does it mean? | Next step |
|---|---|---|
| Contract expires; you can work | WW may be possible. Check all WW eligibility conditions. | Read the guidance UWV source ↗ |
| Contract expires; you are still ill | Leaving while ill: Ziektewet may apply. This differs from resigning. | Read the guidance UWV source ↗ |
| You want to resign | Have the income and benefit consequences assessed before resigning. | Read the guidance UWV source ↗ |
| Employer proposes a settlement (VSO) | Check the dismissal reason and notice period. Seek legal advice first if ill. | Read the guidance UWV source ↗ |
Collect your contract, end date and employer’s messages in your checklist.
This overview reviewed on .
My temporary contract ends while I am ill. What should I check?
Check the contractual end date rather than assuming that illness extends the contract. Ask the employer about reporting you sick when the contract ends, and contact UWV about the next step. Keep the last payslip and written confirmation. Obtain individual advice before agreeing to an earlier end.
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- Contract and illness dates
- Dismissal or settlement proposal
- Occupational physician and UWV correspondence
Can I resign while I am ill?
Resigning is different from being dismissed. You may lose wages and eligibility for WW or Ziektewet. Resignation has no statutory cooling-off period like a VSO. Before sending notice, have your contract and income consequences checked. Explain why you want to leave and whether another solution is possible.
Which situation applies while you are ill?
Your fixed-term contract expires: illness does not require the employer to renew it. Discuss reporting illness at the end of employment and possible Ziektewet benefits with your employer and UWV.
You receive a settlement agreement or want to resign: do not sign or resign without personal advice. You could lose wages and benefits; if illness makes you unavailable for work, do not assume you qualify for WW.
You have been ill for over two years: dismissal is not automatically permitted. Have reintegration, any wage-payment extension imposed by UWV and the dismissal procedure checked. A dismissal prohibition usually applies during the first two years, with exceptions such as probation.
Sources
Need personal assistance? Request a lawyer through our chat. We explain the next step; submitting a request does not engage a lawyer. The links below support the legal information.
UWV · Zelf ontslag nemen ↗UWV ↗Rijksoverheid ↗Sources may be in Dutch. General information about Dutch law, not individual legal advice.