WIA and Dismissal: What Are Your Rights?

Questioner

I have been on sick leave for 2 years on August 26, I worked 30 hours a week. Now I work 12 hours out of 30. Next Tuesday I have my WIA assessment, last Friday I received a copy of the termination of employment by mutual consent from my employer. Can I just sign this, or am I throwing away my right to benefits, shouldn't they keep me employed for 12 hours a week?

Lawyer

To start with, you could wait for the WIA assessment. In theory, this could result in you simply being able to resume working for the full number of hours. If you can work 12 hours, the employer would have to keep you employed for that. However, it is also possible that you will reach an agreement on a complete dismissal. You will have to agree to that and you may even prefer to keep those 12 hours. Certainly in the case of a complete dismissal, the termination agreement must be well-structured to prevent you from running risks with your unemployment benefit.

Lawyer

After 2 years of illness you are entitled to the so-called 'transition payment'. This also applies when you are ill. If you agree to a dismissal by mutual consent you forfeit this right. This can, depending on the length of the employment, amount to (tens of) thousands of euros. For the rest I refer you to Boogaard's answer.