The legal specialists of De Unie assist you during various differences of opinion and conflicts in the workplace. To make it clearer what exactly you can do with us, we highlight a true situation every month. We describe the member's question, tell us what De Unie has done to resolve the situation and share the outcome. In this edition: the UWV finds you 'culpably unemployed' and does not grant you unemployment benefits. What can you do about it?
The problem
After a long period of medical mental complaints, our member enjoys working for an organization for a while, but he looks for another job when it turns out that there is a takeover process that puts his job at risk. He quickly finds that new challenge, after which he decides to waive the transition payment and immediately starts the new job. After a few days he is already asked to help out in another department. There he has to perform tasks that in the past led to a long period of illness. He's just starting out and wants to show his best side, so he agrees - but soon the same medical problems arise.
Our member wants to avoid a prolonged period of absence and significant financial burdens for his employer: he resigns in consultation with his employer, one week after his first day and within his probationary period. He applies for unemployment benefits from the UWV. He will not receive that, because the UWV believes that he became unemployed through his own actions. Due to his employment history, he will not receive a full, two-year benefit.
The principle
You are not eligible for full unemployment benefits if you resign without good reason or are dismissed for an urgent reason. In that case, the UWV can impose a sanction: you will receive no benefit at all or you will receive half a benefit. Because both decisions have major consequences, the UWV must conduct an extensive investigation into the dismissal. The applicant must also be given the opportunity to provide an explanation.
This has De Unie done
The UWV felt that our member had done too little to resolve the situation. They ruled that he was blocking other options for remaining employed by resigning so quickly. In addition, an insurance doctor was called in, who found that there was no medical reason to resign.
De Unie appealed on behalf of the member against the decision not to grant benefits. To substantiate this, we had three arguments:
- Both the UWV and the insurance doctor did not contact our member, which shows that they did not investigate the situation well enough.
- Just before our member started with his last employer, he did everything he could not to become unemployed due to the takeover. He has even waived a transition payment here.
- Even if our member had not resigned, his employment would have ended due to his complaints - he was still in his probationary period, so his employer would have terminated the collaboration anyway.
We have also requested a hearing with the Objections and Appeals department of the UWV. Here our member would still have the opportunity to share his side of the story. The UWV allowed this.
The solution
Based on our objection - and especially - the hearing, the UWV declared the objection well-founded. As a result, our member was still entitled to 24 months of unemployment benefit.
Need help from our legal specialists?
Not every situation is the same. Therefore, please contact us directly: our legal specialists will be happy to assist you. For example, if you do not receive employment conditions, while you are entitled to them. Our Service Center can be reached every working day from 8.30 a.m. to 17.00 p.m. via sc@unie.nl and 0345 851 963.
