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When is an employee sick? There are several aspects to look at to determine whether an employee is sick or not. And if an employee is ill, does the employee have obligations? And does an employer have obligations? In this blog you can read about illness among employees and the obligations that arise from this from both the employee and the employer. Sick according to the law When a sick employee is referred to, the [...]
An employment contract can end in several ways. This is the case, among others, when an employer and an employee enter into a settlement agreement. But what should be in such an agreement? And what are your rights and obligations? You can read more about that in this blog.
If an employee becomes ill, the employer must pay the salary for up to 2 years. If the employee is still ill after 2 years, the employee can apply to the UWV for disability benefit (WIA). Sometimes the UWV will not yet process this application because the employer has not fulfilled his obligations. UWV then decides that the wage payment obligation will be extended. So what should an employee do? How do you ensure that you still receive your salary?
The statutory scheme assumes that the employee is entitled to the "wage guarantee scheme" if the employer has an inability to pay. In a bankruptcy declared at the request of the employees, this is automatically the case. Very occasionally, there is also an inability to pay without bankruptcy. For example, in the case of a foreign-based company or in the absence of support claims. But in any case, the UWV wants the employees to take action to collect their salary claim. This will almost always have to be done through a lawyer. Only a lawyer has the legal powers necessary to bring the case to a successful conclusion without loss of time.
Until 1 July 2015, no appeal can be lodged against dismissal decisions. That will be different. Employees who have been dismissed can already receive unemployment benefits and can also collect the severance pay. Their employers run the risk that the higher court will reverse their dismissal.