It will depend on the temporary employment agency clause. A temporary employment agency clause is a clause in the temporary employment agency contract which ensures that the contract between the temporary worker and the temporary employment agency terminates once the assignment ends. Are you a temporary worker with a temporary employment agency clause? It means that your contract terminates if the company where you are working (the hirer) has indicated that the work is ending. After 1 or 2 waiting days, you are entitled to sickness benefit.
If one of the collective labour agreements (collectieve arbeidsovereenkomst or cao) for temporary employment applies to you, your contract may not be terminated if you are ill. Your contract continues during illness: after 1 or 2 waiting days, you are entitled to the continued payment of wages by the temporary employment agency. Are you ill for a longer time and your contract expires during your illness? It means that once the contract terminates, there may be a right to Sickness Benefit. Whether your contract may immediately be terminated, is dependent on the question whether the temporary employment agency falls under the scope of the collective labour agreement (cao). If you do not know, check your contract, or make enquiries at one of the organizations where you can get help, such as the Foundation for Compliance with the Collective Labour Agreements (Stichting Naleving CAO voor Uitzendkrachten or SNCU) or the Legal Aid and Advice Centre (Juridisch Loket).
Are you a temporary worker who is working without a temporary employment agency clause? It means that if you are ill, you have the right to the continued payment of your wages from the 2nd sick day onwards. Are you ill for a longer time and your contract expires during your illness? It means that once the contract terminates, there may be a right to Sickness Benefit.
This is subject to a number of rules.
Framework on-call contract
If you have a framework on-call contract, an employment contract is created as soon as you accept a request to work. The agreed period in which you are scheduled to work is called the on-call period.
What happens if you fall ill during an on-call period?
Your employer will pay you at least 70% of your wages for the agreed period that you were scheduled to work. If this is less than the minimum wage for your age, you will receive the minimum wage.
What happens if you remain off sick after an on-call period has ended?
Once the scheduled on-call period has ended, your temporary employment contract also comes to an end. Your employer does not have to continue to pay your wages. Your employer will inform the UWV that you are still off sick and the UWV will then assess whether or not you are entitled to sickness benefit.
What happens if you fall ill outside an on-call period?
If you do not have an employment contract at the time when you fell ill, you will not receive any wages. If you fall ill within 4 weeks after your most recent employment contract ended, you must notify the UWV. The UWV will then assess whether or not you are entitled to receive sickness benefit.
Zero hours contract
Under a zero hours contract, you are obliged to work when you are requested to do so by your employer.
What happens if you fall ill during an on-call period?
Your employer will pay you at least 70% of your wages for the period in which you were scheduled to work. If this is less than the minimum wage for your age, then you will be paid the minimum wage.
What happens if you remain off sick after an on-call period has ended?
Has your on-call working period expired? You will no longer be paid any wages, even if you are still ill. Does your zero-hour contract come to an end and you are still ill? Your employer notifies the Employee Insurance Agency (Uitvoeringsinstituut Werknemersverzekeringen or UWV), which is the benefit organization in the Netherlands. In that event, UWV makes an assessment as to whether you are entitled to sickness benefit.
Does your employer no longer call you up during illness? And you have been working a minimum of 3 months for the employer? You may possibly be entitled to continued payment of the hours you work on average. Ask your employer to pay the wages on the hours you have been working on average. If your employer does not comply, go for advice to your union, your legal assistance provider or the Legal Services Counter (Juridisch loket).
It may also be that your employer tells you that you have an on-call contract, but you are entitled to a contract with a fixed number of hours. Your employer is allowed to let you work as an on-call worker for a maximum of one year. If you continue to be employed after that year, you are entitled to a fixed number of hours that you worked on average on a weekly, monthly, or yearly basis over the last 12 months. Your employer must make such an offer within one month of the expiry of that year. If you have you not received such an offer, you are entitled to continued payment of your wages in relation to the number of hours that your employer was supposed to offer to you.
What happens if you fall ill outside an on-call period?
Do you get ill outside the period for on-call working? You will not get any wages. Is your employer no longer calling you up during illness? And have you been working a minimum of 3 months for the employer? You may possibly be entitled to continued payment of the hours you work on average. Ask your employer to pay the wages on the hours you have been working on average. If your employer does not comply, go for advice to your union, your legal assistance provider or the Legal Services Counter (Juridisch Loket).
It may also be that your employer tells you that you have an on-call contract, but you are entitled to a contract with a fixed number of hours. Your employer is allowed to let you work as an on-call worker for a maximum of one year. If you continue to be employed after that year, you are entitled to a fixed number of hours that you worked on average on a weekly, monthly, or yearly basis over the last 12 months. Your employer must make this offer within a month after that year. If you have you not received such an offer, you are entitled to continued payment of your wages in relation to the number of hours that your employer was supposed to offer to you.
If you still have a zero-hour contract, you are not entitled to sickness benefit. Are you still ill when your zero-hour contract ends? Your employer notifies the Employee Insurance Agency (UWV). UWV makes an assessment as to whether you are entitled to sickness benefit.
Do you fall ill within 4 weeks of the end of your last employment contract? Notify the UWV. UWV subsequently makes an assessment as to whether you are entitled to sickness benefit.
An A1 certificate means that your employer pays social security contributions for you in another EU country. If you have an A1 certificate, you are subject to the social insurance regulations in the country that issued the A1 certificate. Whether or not you are entitled to continued payment of wages during illness or to sickness benefit depends on the legislation in the country that issued the A1 certificate.
If you have a temporary employment contract and you fall ill, then your employer will continue to pay 70% of your wages for up to a maximum of 2 years; the amount you receive in the first year of illness will be at least the minimum wage.
If your temporary contract ends during the period of continued payment of wages, you will receive sickness benefit from the UWV or your employer. You will start receiving this benefit from the date that your contract ends, up to a maximum of 2 years after the first day of illness. The period in which you receive this benefit will depend on how long your employer continued to pay you wages.
If you have been off sick in the Netherlands for more than a year, your employer will continue to pay at least 70% of your wages in your second year of illness. However, your employer is no longer obliged to supplement your wages up to the minimum wage for your age. If this means that your income or family income falls below the social minimum, you can apply to the UWV for a top-up benefit.
If you are receiving sickness benefit in the Netherlands, then you will usually receive 70% of your daily wages. This is the wage that you have earned on average per day in the year before you fell ill. If this means that your total income or family income falls below the social minimum, you may be eligible to receive a top-up to your sickness benefit. You can apply to the UWV for this supplement.
If you fell ill while you were staying in the Netherlands, your employer will pay you at least 70% of your wages during your first year of sick leave. The amount paid to you by your employer must be at least the statutory minimum wage for your age, although it is possible for your employer to pay you a higher amount. The applicable arrangements will be set out in your employment contract or collective labour agreement.
Your employer will continue to pay your wages for a maximum period of 2 years when you are off sick. After 2 years of being off sick, you may be entitled to an occupational disability benefit (WIA benefit) In the Netherlands, the UWV will determine whether you are entitled to this benefit. If the UWV find that you and your employer have not made sufficient efforts for you to reintegrate, the UWV can impose a sanction. The UWV can oblige the employer to extend the continued payment of wages up to a maximum of an extra year. If you are receiving sickness benefit, the UWV may recover the amount of sickness benefit paid to you from your employer or you may receive a lower amount.
If you have been sick for longer than 6 weeks and your temporary contract is about to end, then your employer will work with you to prepare a re-integration report. Your employer will give you a copy of this report. A copy will also be sent to the UWV, if the UWV is responsible for paying you sickness benefit. The report will allow the UWV to assess whether you and your employer have made sufficient efforts to get you back to work.
If your temporary contract in the Netherlands ends during your period of being off sick, your employer will no longer continue paying your wages after the end of your contract. Your employer will report that you are ill to the Netherlands Employee Insurance Agency (UWV). In most cases, the UWV will then pay you sickness benefit and impose certain obligations and possible medical checks. This organisation can also help you find a new job.
In the Netherlands, a waiting period sometimes applies before the employer continues to pay an employee’s wages. The waiting period is usually 2 days and your employer is not obliged to pay your wages during these first days when you are ill. This is allowed if a waiting period is stipulated in your employment contract or collective labour agreement.
A waiting period does not apply every time you report sick. If you have been off sick and you fall ill again within 4 weeks, you will continue to receive your wages from your first day of illness.
If the time between the two periods when you were off sick is less than 4 weeks, they are considered as one period of being off sick.
If you fall ill while you are employed, your employer will continue to pay your wages up to a maximum of 2 years and you will then receive at least 70% of your last salary. In the first year of illness, this must be at least the minimum wage, regardless of whether you are employed under a permanent contract or temporary contract.