Introduction
When threatened with dismissal or illness, it is important for employees to act wisely to protect their rights. A wrong move can have major financial or legal consequences. This blog provides three essential tips that employees can use to strengthen their position and avoid common mistakes.
Not resigning yourself when threatened with dismissal
It may be tempting to quit your job yourself if you feel you are going to be laid off. Yet in most cases, this is not a wise decision. Those who resign themselves often forfeit the opportunity to negotiate a termination payment. If you are fired, then in principle you are entitled to at least the statutory transitional compensation. In addition, if you resign yourself, in many cases you lose your right to Unemployment Benefit (WW).
Moreover, an employer seeking to dismiss an employee cannot simply terminate employment. Strict rules apply and there must be a reasonable ground for dismissal. By waiting and following the process carefully, you strengthen your legal position considerably.
Always follow the advice of the company doctor
If you are sick and a company doctor advises on your recovery or reintegration, it is wise to take this advice seriously. If an employee refuses to perform suitable work or follow an accrual schedule, for example, the employer may impose a wage penalty. This means that you temporarily or even completely lose your right to wages.
If you do not agree with the opinion of the company doctor, it is not wise to ignore the advice. In that case it is better to request a second opinion from another company doctor or request an expert opinion from the UWV. That way you stay within the framework of the law and avoid jeopardizing your wages.
Do not sign settlement agreement without legal advice
When an employer offers you a settlement agreement (VSO), it is essential not to sign in haste. A VSO often contains important agreements about the termination of your employment, such as the termination date, the amount of compensation and your right to benefits. Without proper legal advice, you risk agreeing to unfavorable or even risky agreements.
An employment law specialist can not only review the content of the agreement, but also negotiate better terms. Think higher compensation, a favorable end date or compensation for legal fees. By seeking expert advice, you ensure that you are well protected and do not forfeit any rights.
Conclusion
Resigning yourself, ignoring advice from the company doctor or signing a settlement agreement without advice are mistakes that can have far-reaching consequences. By seeking legal advice and acting carefully, employees can secure their position and avoid unnecessary risks.
This blog was written by Mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists entrepreneurs daily with a wide range of employment-related matters. From dismissal cases to drafting watertight contracts and policies – with his practical and personal approach, he helps employers and employees move forward. Want to know more?Visit Stijn's page.
Arbeidsadvocaat.nl is happy to think with you if you have any questions about dismissal, sickness and settlement agreements. Please feel free to contact us .
April 2025
