Calculation of daily wage for sickness benefits versus unemployment benefits?


Questioner

Since October 2, 2023, I have been ill and out of service with my ex-employer. My employment started on August 7, 2023. I was dismissed during the probationary period (of 2 months). I have now received a message (from the company that assumes the obligations since my ex-employer is self-risk bearer) that my daily wage for the Sickness Benefits Act has been calculated over the period that I worked for this last employer. Here I worked fewer hours per week than with my previous employer, so the benefit is therefore very low. My question is actually, is it correct that the Sickness Benefits Act benefit in my case may only be calculated over this period worked? Instead of over income from the entire previous year. And if so, is an unemployment benefit then calculated over the income you have had from work over the entire year? Hopefully my question is clear and you can answer my question.

Lawyer

You have asked a good and complex question and I will try to answer it. Your daily wage for the Sickness Benefits Act is indeed calculated on the wage you earned in the year before you became ill with your most recent employer. It is important to know that this wage is divided by the number of working days, which is normally 261 days. In your specific case of reporting sick during the trial period, this is different. Because you became sick during the trial period, the daily wage for the Sickness Benefits Act benefit is calculated on the wages you earned at the employer where you left employment. The reason for this is that the UWV assumes that, if you become sick during the trial period, you are actually still working for your old employer. When calculating the daily wage for the WW benefit, the wage over a whole year is taken into account. This concerns the SV wage (social insurance wage) that you earned in the calendar year prior to the year of unemployment. The daily wage for the WW benefit is then one twelfth of this SV wage, divided by the average number of working days in a month (21.75 days). It is therefore correct that your Sickness Benefits Act daily wage may be lower because you worked fewer hours with your last employer, while your unemployment benefit daily wage (should you be entitled to it) is calculated on the basis of your wages from the entire previous year. Remember to discuss your specific situation with a lawyer or attorney to fully understand your rights and obligations. This information is intended to provide a general overview only and may vary depending on individual circumstances.' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer

Questioner

Thanks for your answer. That makes things a bit clearer. Can you also say how it works with receiving unemployment benefits after receiving sickness benefits. If I have recovered and am awarded unemployment benefits, will this still be calculated over the period preceding the moment I became unemployed due to dismissal during the probationary period? Or will the moment of applying for unemployment benefits be taken into account and will the income from the months in sickness benefits be included in the calculation?

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