Suppose your employee has been sick for almost a year. He holds a defining position within your company. You therefore want to appoint a replacement, because it looks like the sick employee will not be able to return to his original position. Is this allowed?
If it were up to the legislature, yes, but not at this time.
Bill on reintegration obligation second year of illness
A bill is pending, which offers small and medium-sized employers the possibility to fully focus on reintegration in the second track, i.e. reintegration with another employer, from the start of the second year of illness (no earlier and no later). Under conditions, second-track reintegration may be closed.
Completion of the reintegration first track
Closing the first track with the current employer is possible if the employee agrees. The consent by the employee is entirely voluntary, must be in writing, the employee must be demonstrably informed (in writing) of the two-week reflection period, and the employee is free to attach any additional conditions to the consent.
UWV permission?
If the employer and the employee have not reached a joint agreement on the closure of the first track and the employer still wants to close the first track, he must ask the UWV for permission.
After the conclusion of the first track and after the end of the notice period, the employer can ask the UWV for permission to terminate the employment contract, regardless of whether the employee is sick or better.
Advisory Council for the Judiciary
Earlier this year, the Council for the Judiciary advised on this bill, stating that it does not provide relief from the (long) obligation to continue paying wages, which is perceived as burdensome by SMEs. Furthermore, the necessity of the proposal is questioned. In the current situation, the employer can have the job temporarily filled by a temporary worker or a seconded employee. A fixed-term employment contract, for the duration of the employee’s illness, can also be entered into.
Moreover, the Council does not expect this bill to lead to more indefinite contracts. Caution remains necessary in this regard, given the duration of two years of wage payment.
Finally, according to the Council, the new ground for termination adds little to the current system of dismissal, where after two years of illness, parting can be done anyway through a vso or through the UWV.
Therefore, it remains to be seen whether the new administration will pass this bill and send it to the EK. If so, you as a small employer will have faster clarity in the reintegration process.
Questions about reintegration sick employee?
Do you have questions about the reintegration of a sick employee? Or are you curious about the status of this bill. Please contact Richard Ouwerling.
