Sickness Benefits Act benefit at employment agency: who pays?

Questioner

I work for an employment agency and I am on sick leave. The employment agency says that I will receive my sickness benefit from the UWV, but the UWV says that I have to receive it from the employment agency. In short, I will not receive any sickness benefit. Who should I ask for now?

Lawyer

Dear, Can you tell me what kind of employment contract you have with the employment agency? And are you actually in the Sickness Benefits Act (the scheme that applies after the employer no longer has to pay your wages) or are you sick and is the employer making it difficult about the obligation to continue paying?

Questioner

I have a 0-hour contract for an indefinite period. I am on sick leave and need surgery on my hand. UWV says you need to go to your employer (employment agency) for your sickness benefit, because we do not pay and the employment agency says you need to go to UWV for your sickness benefit (so they do not pay either) with the result that no one pays my sickness benefit! And I do not get any money. Which of the 2 should pay me now?

Questioner

I am simply on sick leave and my boss at the UWV had me call in sick

Lawyer

In the case of a permanent contract, you are also entitled to continued payment of wages by your employer in the event of illness, even with a zero-hours contract. Your employer must therefore pay. The amount of the salary to be paid is in any case 70% of the average salary over the last three months, or, if you structurally work a certain number of hours, the hours that you structurally work (e.g. always 40 hours, then 40 hours). I do not have at hand what the collective labor agreement (ABU or NBBU) says about the amount of sickness benefit, but it is possible that you will receive more than 70%. Success

Lawyer

In such a situation it is relevant whether the situation that caused you to end up on sick leave is during or outside of work. If it happened during work, then your employer is the designated person. If it happened in the period between your work, then UWV is the designated agency.

Questioner

Thanks for your message and time. I'll call the agency tomorrow!

Lawyer

You're welcome. If it's convenient, I'd like to hear how it went.