Right to unemployment benefits if dismissed during probationary period?

Questioner

As of August 22, I have a new employer. The employment contract has been signed and I returned it to the employer (July 14). I have resigned from my job with my previous employer and the last day is August 7th. This week it became known that I will have to undergo surgery soon. Suppose my new employer terminates the employment contract for that reason (that will be before the start of the contract or during the trial period), am I still entitled to unemployment benefits?

Lawyer

In principle, if you resign yourself, you are culpably unemployed and will not receive unemployment benefits. However, it depends on the circumstances whether there are exceptions. This is at the discretion of the UWV. It seems that you will receive benefits from the UWV given your situation. If you are dismissed during the trial period, you will receive benefits in most cases.

Lawyer

If you, as an employee, resign, you are not entitled to unemployment benefits.

Questioner

I have given notice at my previous employer, but it concerns the new! employer. We have entered into an agreement, signed by both parties. But with a 1-month trial period. During this trial period, the new employer may terminate the agreement without giving a reason. In this case, I am entitled to unemployment benefits. But what if the employer terminates the agreement before the start date of the agreement (i.e. before 22 August)?? Can/may the employer do this and am I entitled to unemployment benefits in that case?

Lawyer

If you remain ill as a result of the operation, your employer may not dismiss you because of your illness, but may do so for other reasons. You will then remain employed. In the event of dismissal, you are entitled to unemployment benefits. The new employer may therefore terminate the agreement, but must provide a valid reason for doing so. For more information or further assistance, you may also contact me directly if you prefer.

Lawyer

Apologies for misinterpreting your question. In order to be eligible for unemployment benefits, the employee must have worked for 26 out of 36 weeks and there must be no question of culpable dismissal. If the agreement is terminated by the employer during the trial period, you as an employee meet these conditions. If you resign during the trial period and the employment contract lasted more than 26 weeks, unemployment benefits must be awarded. If you wish, you can contact us without any obligation.