Dismissal Ban During Sick Leave (Opzegverbod bij Ziekte)

The dismissal ban during sick leave (opzegverbod bij ziekte) is one of the most important employee protections in Dutch employment law. It prohibits your employer from terminating your employment contract during the first two years of your illness. This protection gives you the security to focus on your recovery without the fear of losing your job. In this article, you will learn exactly how the ban works, what it covers and what it does not, the specific exceptions recognised by law, and how it affects your position if your employer offers you a settlement agreement.

What is the dismissal ban during sick leave?

The dismissal ban during sick leave (opzegverbod bij ziekte) is a statutory prohibition that prevents your employer from terminating your employment contract while you are unable to work due to illness. The ban lasts for the first two years (104 weeks) of your illness and is one of several dismissal prohibitions (opzegverboden) in Dutch employment law. Other dismissal prohibitions protect employees during pregnancy, military service, and membership of the works council, but the illness prohibition is by far the most commonly invoked.

The purpose of the ban is to protect employees in a vulnerable position. When you are ill, you are typically unable to look for new employment, you may be physically or psychologically fragile, and you are financially dependent on your employer's continued salary payment. The legislator has determined that dismissal during this period would cause disproportionate harm and has therefore prohibited it.

The ban applies automatically from the moment you report sick. You do not need to invoke it or take any legal action. Your employer is simply prohibited from terminating your contract. If your employer does attempt to dismiss you in violation of the ban, the dismissal is voidable (vernietigbaar), and you can challenge it through the subdistrict court.

Legal basis: Article 7:670 BW

The dismissal ban during illness is laid down in Article 7:670, paragraph 1, under a of the Dutch Civil Code (Burgerlijk Wetboek, or BW). The provision reads (in translation): "The employer may not terminate the employment contract during the period in which the employee is unable to perform his work due to illness, unless the incapacity has lasted for at least two years."

Article 7:670 BW contains several other dismissal prohibitions as well, including protections during pregnancy (paragraph 2), during military service (paragraph 3), and during membership of the works council (paragraph 4). The illness prohibition in paragraph 1 is, however, the most frequently relevant in practice.

The article must be read in conjunction with several other provisions:

• Article 7:670a BW: specifies the situations in which the subdistrict court may dissolve the employment contract despite the existence of a dismissal prohibition. This is relevant for court-initiated dismissals.
• Article 7:670b BW: governs the settlement agreement and the 14-day cooling-off period. Since a settlement agreement is a mutual agreement rather than a unilateral dismissal, the dismissal ban does not technically apply to it.
• Article 7:629 BW: establishes the employer's obligation to continue paying your salary during illness, which runs parallel to the dismissal ban. Read more about sick pay in the Netherlands.
• Article 7:658a BW: sets out the employer's reintegration obligations during your illness.

The combination of these provisions creates a comprehensive framework: during the first two years of illness, your employer cannot dismiss you, must continue paying your salary, and must actively support your return to work.

What the ban covers

The dismissal ban during illness is broad in scope. Understanding exactly what it covers helps you assess your legal position if your employer takes action against you during your sick leave.

All forms of employer-initiated termination

The ban covers all forms of termination initiated by the employer. This includes:

• Termination through the UWV: if your employer applies to the UWV for permission to dismiss you (for example, on economic grounds), the UWV will refuse the request if you are on sick leave.
• Dissolution by the subdistrict court: if your employer asks the subdistrict court to dissolve your employment contract, the court will generally refuse if you are ill. There is a narrow exception: the court may grant the request if the dissolution has no connection with the illness (Article 7:671b paragraph 6 BW). However, courts apply this exception restrictively.
• Termination with notice: your employer cannot give you notice of termination during your illness.

All types of illness

The ban applies regardless of the type or cause of your illness. Physical illness, psychological illness, burnout, injury, and chronic conditions are all covered. The ban also applies regardless of whether the illness is work-related or not. Even if you became ill through a sports accident or a personal health issue, the full protection of the ban applies.

Both full and partial incapacity

The ban applies whether you are fully or partially unable to work. Even if you are partially performing adapted work while on partial sick leave, the dismissal ban still protects you for the component of illness that prevents you from fully performing your own work.

All contract types

The ban applies to employees with permanent contracts, temporary contracts, and even on-call contracts. However, for temporary contracts, the ban only prevents early termination by the employer; it does not prevent the contract from expiring on its agreed end date.

What the ban does not cover

While the dismissal ban is extensive, it has clear boundaries. There are situations in which the ban does not offer protection:

Expiry of a temporary contract

The ban does not prevent a fixed-term employment contract from expiring on its agreed end date. If you have a temporary contract that ends on a specific date, the contract simply ends on that date, even if you are still ill. The employer is not obliged to renew it. After expiry, you may be eligible for sickness benefits from the UWV (Ziektewet-uitkering). The employer must still observe the aanzegtermijn (notification obligation): for contracts of six months or longer, the employer must inform you at least one month before the end date whether the contract will be renewed.

Resignation by the employee

The ban only applies to employer-initiated termination. You are legally free to resign during illness, although this is almost always strongly inadvisable. By resigning, you give up your right to continued sick pay, reintegration support, and potential sickness or unemployment benefits. The UWV will almost certainly consider you culpably unemployed.

Mutual agreement (settlement agreement)

A settlement agreement is technically not a dismissal but a mutual agreement to end the employment. The dismissal ban does not apply to settlement agreements in the strict legal sense. This is discussed in more detail below.

Dissolution unrelated to illness

Under Article 7:671b paragraph 6 BW, the subdistrict court may dissolve the employment contract during illness if the request for dissolution has no connection with the illness. In practice, this exception is interpreted narrowly. The employer must convincingly demonstrate that the ground for dissolution (for example, a disrupted working relationship) existed independently of the illness and would have led to a dissolution request regardless. Courts are cautious about this exception and often reject requests where there is any link between the illness and the grounds for dissolution.

Exceptions to the dismissal ban in detail

Dutch law recognises several specific situations in which the dismissal ban does not apply, even though the employee is ill. These exceptions are exhaustively listed in the law and are interpreted strictly by courts.

1. Probationary period (proeftijd)

During the probationary period, both the employer and employee can terminate the employment at any time, for any reason. The dismissal ban during illness does not apply during the probationary period (Article 7:670 paragraph 1 BW: the prohibition is explicitly limited to periods outside the probationary period). The probationary period is typically one month for temporary contracts of up to two years and two months for permanent contracts or longer temporary contracts.

However, there is an important limitation: even during the probationary period, the employer may not dismiss you because of your illness if this constitutes discrimination on the grounds of disability or chronic illness. The Equal Treatment on the Grounds of Disability or Chronic Illness Act (Wet gelijke behandeling op grond van handicap of chronische ziekte, or WGBH/CZ) prohibits this. The employer may dismiss you during the probationary period while you are ill, but not because you are ill.

2. Summary dismissal (ontslag op staande voet)

Your employer can dismiss you with immediate effect if there is an urgent reason (dringende reden) as defined in Article 7:677 and 7:678 BW. The dismissal ban does not prevent summary dismissal. Examples of urgent reasons include theft, fraud, serious threats or violence, and persistent refusal to perform adapted work as part of reintegration.

The illness itself can never constitute an urgent reason. However, your behaviour during illness can. For instance, if you structurally refuse all reasonable reintegration activities, your employer must first follow a graduated approach: written warnings, salary stop (Article 7:629 paragraph 3 BW), preferably a UWV expert opinion, and thorough documentation. Only after exhausting these measures and building a sufficient file may the employer seek dissolution through the subdistrict court. Summary dismissal for reintegration refusal alone is exceptional and the threshold is very high.

3. Complete business closure

If the employer's entire business permanently ceases to exist, the dismissal ban does not apply (Article 7:670a paragraph 2 under d BW). This exception is limited to the complete closure of the business. Closure of a department, branch, or location does not qualify. If only part of the business closes, the ban remains in effect for ill employees.

4. Illness reported after the start of a dismissal procedure

If your employer had already submitted an application for dismissal permission to the UWV or a request for dissolution to the subdistrict court before you reported sick, the dismissal ban does not apply (Article 7:670 paragraph 1 under b BW). This exception applies to both UWV procedures and subdistrict court proceedings and exists to prevent employees from reporting sick strategically to block an ongoing procedure. The critical factor is the timing: the employer's application or request must have been submitted before your illness was reported.

5. After two years of continuous illness

Once you have been ill for two continuous years (104 weeks), the dismissal ban expires in principle. However, if the UWV has imposed a wage sanction (loonsanctie) on your employer for inadequate reintegration efforts, both the salary payment obligation and the dismissal ban are extended by up to 52 weeks (to a maximum of 156 weeks total). After the ban expires, your employer can apply to the UWV for permission to dismiss you on the ground of long-term incapacity for work. The UWV will assess whether there is genuinely no prospect of recovery within 26 weeks and no suitable alternative work available. Even after two years, your employer owes you the statutory severance pay (transitievergoeding).

6. Employee's refusal related to a collective agreement provision

In rare cases, if you refuse to comply with a reasonable provision in a collective labour agreement that is directly related to your reintegration (and this has been tested through proper procedures), this may provide grounds for the employer to seek dissolution despite the ban. However, this is extremely uncommon in practice.

The dismissal ban and settlement agreements

One of the most important practical aspects of the dismissal ban is its relationship with settlement agreements. Because the ban prevents employers from unilaterally terminating the employment of ill employees, many employers turn to settlement agreements as an alternative route to end the employment relationship.

Why employers offer settlement agreements during illness

Employers have several motivations for offering a settlement agreement during your illness. The obligation to continue paying your salary for up to two years is expensive. The reintegration process requires time, effort and financial investment. There may be conflict or a breakdown in the working relationship exacerbated by the illness. The employer may want to avoid the risk of a UWV salary payment penalty. Whatever the motivation, the employer needs your agreement — they cannot force you to sign.

The ban does not apply to settlement agreements

Technically, the dismissal ban does not apply to settlement agreements because a settlement agreement is a mutual agreement, not a unilateral dismissal. This means that it is legally possible for you to sign a settlement agreement while you are ill. However, "legally possible" does not mean "advisable." Signing a settlement agreement during illness carries substantial risks, including loss of continued salary payment, potential problems with sickness benefits, and loss of reintegration support.

The UWV's perspective

If your employment ends through a settlement agreement while you are ill, you will likely need to apply for sickness benefits (Ziektewet-uitkering) from the UWV. The UWV may view the settlement agreement as a benadelingshandeling (detrimental action): by voluntarily agreeing to end your employment, you deprived yourself of the salary your employer was legally obliged to pay. This can result in a sanction on your sickness benefit, ranging from a partial reduction to a complete refusal.

Your strengthened negotiating position

The dismissal ban is not only a shield — it also gives you significant leverage in negotiations. Understanding how the ban strengthens your position helps you make informed decisions if your employer approaches you with a termination proposal.

Your employer needs your cooperation

Because the ban prevents unilateral dismissal, your employer can only end the employment with your agreement. This puts you in a fundamentally different position than a healthy employee who can be dismissed through the UWV or the subdistrict court. Your employer needs your consent, which means you can set the terms.

Higher compensation is justified

If you agree to end your employment while ill, you are giving up significant financial rights: potentially many months of continued sick pay, reintegration support, and protection against dismissal. Any severance payment in a settlement agreement should reflect these losses. In practice, settlement agreements for ill employees should include considerably higher compensation than for healthy employees, taking into account the remaining salary obligation, the impact on benefits, and the loss of reintegration support.

No time pressure

Unlike healthy employees who may face the prospect of a UWV or court procedure if they refuse a settlement agreement, you have the security of knowing that your employer cannot force your departure. You can take your time to evaluate the offer, seek legal advice, and negotiate better terms. Do not let your employer pressure you into making a quick decision.

What to do if your employer violates the ban

If your employer attempts to dismiss you in violation of the dismissal ban, you have legal remedies available. Acting promptly is essential, as there are strict deadlines.

Invoke the nullity (vernietigbaarheid)

A dismissal in violation of the ban is voidable (vernietigbaar). You must invoke the nullity within two months of the date on which the employment contract ended (Article 7:686a paragraph 4 under a BW). You do this by submitting a request to the subdistrict court to annul the dismissal. Under Article 7:681 BW, you can alternatively choose to claim a fair compensation (billijke vergoeding) instead of annulment. It is advisable to seek legal advice immediately, as the two-month deadline is a strict limitation period.

Claim continued salary payment

If the dismissal is annulled, the employment contract is deemed never to have been terminated. This means your employer must in principle continue paying your salary as if the dismissal never happened. You can claim all unpaid salary from the date of the attempted dismissal. In exceptional circumstances, the court may moderate the salary claim on the basis of Article 7:680a BW.

Request a court order

If your employer does not accept the invocation of nullity and refuses to continue your salary, you can request the subdistrict court to confirm the nullity and order the employer to resume salary payments. Given the clear statutory prohibition, courts generally rule in the employee's favour in these cases.

Seek legal advice immediately

If your employer dismisses you or threatens to dismiss you during your illness, seek legal advice immediately. The two-month deadline for invoking the nullity is strict, and missing it means you lose the right to challenge the dismissal. At OntslagLegal, you can contact our lawyers for a free assessment of your situation.

Frequently asked questions about the dismissal ban during sick leave

How long does the dismissal ban during sick leave last?

The dismissal ban lasts for a maximum of two years (104 weeks) from the first day of your illness. If the UWV imposes a wage sanction on the employer, the ban can be extended to a maximum of 156 weeks. After the ban expires, your employer can apply to the UWV for permission to terminate your employment on the ground of long-term incapacity for work.

Can my employer still offer me a settlement agreement while I am ill?

Yes, your employer can offer you a settlement agreement during your illness because a settlement agreement is a mutual agreement, not a unilateral dismissal. However, you are never obliged to sign, and doing so carries significant risks including loss of continued salary payment and potential problems with sickness benefits. Always seek legal advice before considering a settlement agreement during illness.

Does the dismissal ban apply if I report sick after my employer starts a dismissal procedure?

No. If your employer had already submitted an application for dismissal permission to the UWV or a dissolution request to the subdistrict court before you reported sick, the dismissal ban does not apply. This exception prevents strategic sick-reporting to block ongoing procedures. However, if you are genuinely ill and reported sick before the procedure started, the ban fully applies.

Can I be dismissed during the probationary period while ill?

Yes. The dismissal ban during illness does not apply during the probationary period. Your employer can terminate your employment during the probationary period even if you are ill. However, the employer may not dismiss you because of your illness, as this would constitute discrimination under the Equal Treatment Act. The employer may dismiss you for other reasons while you happen to be ill.

What if my employer dismisses me in violation of the ban?

If your employer dismisses you in violation of the ban, the dismissal is voidable. You must request annulment from the subdistrict court within two months of the date the employment ended (Article 7:686a paragraph 4 BW). Alternatively, you can choose to claim a fair compensation instead of annulment (Article 7:681 BW). If the dismissal is annulled, the employment contract is deemed never to have been terminated, and your employer must in principle continue paying your salary. Act quickly and seek legal advice, as the two-month deadline is strict.

Does the dismissal ban apply to temporary contracts?

The ban prevents your employer from terminating a temporary contract early during your illness. However, it does not prevent the contract from expiring on its agreed end date. If your temporary contract ends while you are ill, you may be eligible for sickness benefits (Ziektewet-uitkering) from the UWV. The employer is not obliged to renew the contract.