Dismissal during sick leave is generally prohibited in the Netherlands
If you have been dismissed while you are on sick leave (arbeidsongeschikt), you may have a strong legal case against your employer. Dutch law contains a strict prohibition on terminating employment while an employee is sick. Under Article 7:670(1) of the Dutch Civil Code, an employer may not give notice of dismissal (opzegging) during the first two years of the employee's illness. This prohibition is known as the opzegverbod tijdens ziekte (ban on dismissal during illness).
If your employer has given notice of dismissal while you are sick, that notice is in principle void - it has no legal effect. You can request the subdistrict court to annul the dismissal and compel the employer to continue paying your salary. However, you must act quickly: the time limit for requesting annulment is two months from the date of the dismissal.
Exceptions to the dismissal ban under Dutch law
The dismissal ban during illness is not absolute. There are several exceptions:
- Summary dismissal for an urgent reason: A summary dismissal for an urgent reason (e.g. fraud) is permitted even during illness, provided all requirements are met.
- Dismissal by mutual consent: A settlement agreement can be concluded during sick leave - the ban only applies to unilateral employer notice. However, you should be careful that the agreement does not adversely affect your right to ziektewet (sickness benefit) from the UWV.
- Dissolution by the subdistrict court: The subdistrict court can dissolve the employment contract on certain grounds even during illness - for example, serious culpable conduct by the employee or a business closure.
- Illness after more than two years: The ban only covers the first two years of illness. After two years, the employer may give notice (subject to other dismissal requirements).
What to do immediately under Dutch employment law
Contact an employment lawyer on the day you receive notice of dismissal. They will assess whether the dismissal ban applies to your situation, whether any exception applies, and whether to seek annulment or pursue another remedy. Do not wait - the two-month deadline is strict.
The prohibition on notice of dismissal during illness under Article 7:670(1) of the Dutch Civil Code runs for the first two years of illness; after two years of continuous incapacity, the employer may apply to the UWV for permission to give notice on the ground of long-term incapacity (Article 7:669(3)(b) BW), provided the UWV is satisfied that recovery within 26 weeks is not to be expected and no suitable alternative work is available. A notice given in violation of the ban is not automatically void but is vernietigbaar (voidable): the employee must request annulment before the subdistrict court within two months, and failure to do so means the dismissal stands. Summary dismissal for an urgent reason and subdistrict court dissolution on certain grounds - including serious culpable conduct and business closure - remain possible even during illness, since the prohibition applies only to unilateral notice by the employer (Article 7:670a of the Dutch Civil Code).
The prohibition on notice of dismissal during illness under Article 7:670(1) of the Dutch Civil Code runs for the first two years of illness; after two years of continuous incapacity, the employer may apply to the UWV for permission to give notice on the ground of long-term incapacity (Article 7:669(3)(b) BW), provided the UWV is satisfied that recovery within 26 weeks is not to be expected and no suitable alternative work is available. A notice given in violation of the ban is not automatically void but is vernietigbaar (voidable): the employee must request annulment before the subdistrict court within two months, and failure to do so means the dismissal stands. Summary dismissal for an urgent reason and subdistrict court dissolution on certain grounds - including serious culpable conduct and business closure - remain possible even during illness, since the prohibition applies only to unilateral notice by the employer (Article 7:670a of the Dutch Civil Code).