What are my rights now that I have been declared partially incapacitated for work?

Questioner

After 2 years of illness, I have been awarded a WIA (WGA) benefit. As of October 19, 2021, I have been declared 37.48% incapacitated for work and am entitled to a wage-related benefit. I have a permanent contract for 32 hours per week and have currently been reported recovered for 16 hours per week. Is the employer obliged to keep me employed or is the employer allowed to dismiss me? Can the employer offer me a contract for fewer hours? What are my rights as an employee?

Lawyer

If you have received a WIA decision from the UWV that you do not agree with, you must have filed an objection within six weeks of the date of that decision, if you do not agree with the decision. After that, this is no longer possible. For example: you believe that you are incapacitated for work for a higher percentage. I can assist you with this if necessary. Please feel free to contact me by telephone without obligation if you wish. Even if you have a WIA benefit, the employer cannot simply dismiss you. If you have been ill for two years, in principle the obligation to continue paying wages lapses. Unless there was a wage sanction, but I do not assume that since you have been granted a WIA. Dismissal after two years of illness would then only be possible via the UWV (dismissal permit procedure). You do not have to accept an offer to reduce the scope of the work, as stated in your employment contract. That would also be unwise in my opinion