Dismissal Due to Sickness and Your Next Career Step

Dismissal due to sickness in the Netherlands means that your employment contract ends after a long period of illness, usually when you are structurally unable to perform your job. Strict rules apply: employers must continue to pay wages for up to two years and both parties must actively work on reintegration. Only after this phase, and only if return to suitable work within the company is no longer possible, can dismissal become an option. This article explains the legal framework, your rights and the role of outplacement in building a new future.

What does dismissal due to sickness mean in Dutch law?

Under Dutch labour law, employers cannot simply dismiss an employee because they are ill. During the first two years of sickness, a dismissal prohibition applies, except in specific situations such as the end of a fixed-term contract or dismissal for urgent cause. Throughout this period, the focus is on reintegration: finding ways to resume work, fully or partially.

After roughly two years of sickness, UWV (the Dutch Employee Insurance Agency) assesses whether you are entitled to a WIA benefit, the statutory disability benefit for employees. UWV examines to what extent you can still work and what income you could earn in suitable jobs. That assessment influences both your income and the question whether your employer can request permission to terminate your contract due to long-term incapacity for work.

• Dismissal prohibition during the first two years of sickness
• Mandatory reintegration efforts by employer and employee
• WIA assessment by UWV after about two years of illness
• Dismissal only possible in case of structural incapacity for own or suitable work

Employee rights when facing dismissal due to sickness

Employees in the Netherlands have strong rights when illness leads to a possible dismissal. You are entitled to a careful reintegration process, based on medical advice from the occupational physician and a clear plan of action. You also have the right to inspect your reintegration file and to be involved in all important decisions.

In many cases, you are also entitled to a transition payment, a statutory severance payment intended to support your transition to new work. Even if dismissal is based on long-term sickness, employers are generally required to pay this compensation. In practice, many employers also offer outplacement or career coaching to help you find new, sustainable employment.

• Right to a transparent and careful reintegration process
• Often entitlement to a statutory transition payment
• Regularly an offer for outplacement or career coaching
• Possibility to seek legal advice before signing any agreement

The role of outplacement when sickness leads to dismissal

Outplacement is professional guidance towards new work after or in the run-up to dismissal. When sickness plays a role, outplacement must take into account your medical limitations, energy levels and recovery process. An outplacement coach helps you clarify what you can still do, what type of work fits your capacity and how to present this convincingly to potential employers.

Specialists such as Care4Careers combine labour market expertise with knowledge of reintegration and Dutch HR practice. In a tailor-made outplacement programme, you work step by step on processing the dismissal, redefining your career options and actively exploring the labour market. The goal is not just to find a job quickly, but to achieve sustainable employment that matches your health situation.

• Focus on the combination of health, work capacity and career
• Individual coaching and labour market exploration
• Practical support with applications and employer contacts
• Emphasis on sustainable, realistic career choices

Settlement agreements and dismissal due to sickness

In many cases, dismissal due to sickness is formalised in a settlement agreement (vaststellingsovereenkomst). This is a written agreement in which employer and employee jointly decide to end the employment relationship and record the conditions. These conditions include the termination date, financial arrangements such as the transition payment and any budget for outplacement.

When sickness is involved, it is crucial that the wording of the agreement does not jeopardise your right to unemployment benefits. You must also be given sufficient time to consider the offer and, if desired, seek legal advice. Many employees only sign after they are sure that the agreement supports both their financial security and their chances on the labour market.

• Settlement agreement sets out all conditions of termination
• Reason for termination must safeguard unemployment benefit rights
• Outplacement can be explicitly included as part of the package
• Independent legal review is often advisable

Looking ahead: building a sustainable career after sickness

Facing dismissal due to sickness is emotionally and practically challenging. Your old job may no longer be feasible, your confidence may be shaken and the future can seem uncertain. At the same time, many people discover new strengths and possibilities once they receive targeted guidance and take time to reflect on what truly suits them.

Outplacement and reintegration coaching help you to translate medical limitations into realistic job requirements and career choices. By focusing on what is still possible within your capacity and by exploring new sectors or roles, you can gradually build a sustainable working life again. With a clear story about your strengths and needs, you are better prepared to enter the labour market and to negotiate suitable working conditions.

• Accept and respect your current work capacity as a starting point
• Use professional guidance to explore realistic options
• Look for employers who are open to tailored solutions
• View dismissal due to sickness as a transition, not only an ending

Summary

Dismissal due to sickness in the Netherlands is strictly regulated and usually follows a long period of reintegration and medical assessment. Employees are protected by a dismissal prohibition during the first two years of sickness, by UWV's review of employer efforts and by entitlement to a transition payment in many cases. When dismissal does become unavoidable, outplacement can play a crucial role in turning a difficult situation into a new, sustainable career path.

By combining legal insight, medical advice and professional career guidance, you can navigate this complex phase more confidently. That way, dismissal due to sickness becomes not only a formal end to your current job, but also the starting point for work that fits who you are now and what you can responsibly handle.