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Sleeping employment

What is dormant employment?

If you are sick for 104 weeks, your employer is no longer obliged to pay your wages. The obligation to continue to pay wages then ends. But if your employer does not terminate your employment, then you are in dormant employment. So you are still employed, but you will not be paid.

Why a dormant employment contract?

It is quite possible that your employer is not aware of the fact that he can terminate your employment. There are also employers who do not want to terminate an employment contract and consciously keep the employment contract dormant. An employer who terminates an employment contract because an employee has been ill for 2 years must pay the transition payment.

Still at work after 104 weeks?

If your employer keeps your employment contract dormant, you could possibly go back to work if you are (partially) fit for work. If you are able to do this, it is better to report yourself to your employer. Your employer is then obliged to put you back to work and pay your salary. Are you unsure about this? Then contact us.

Do you not want a sleeping contract?

The only way to avoid dormant employment is to terminate the employment.

But if you terminate the employment yourself, you cannot claim unemployment benefit. You can solve this by making proper agreements with your employer. There are legal hooks and eyes here. It is therefore advisable to contact us before discussing this with your employer. Your employer is not obliged to cooperate with the termination of your employment.

Compensation scheme for employers / transition payment

If your employer terminates your employment after two years of illness, you are entitled to the statutory transition payment. The amount of this allowance depends on your age, income and the duration of your employment. Your employer pays this, but from 1 April 2020 he can submit a request to the UWV to be compensated for this.

Exception

The situation is different if you are entitled to WIA benefit during or after these 104 weeks. Are you dealing with this? Or do you have other questions? Then contact us. We are happy to advise you further. We can be reached by phone on 0345-851963, but you can also email us via sc@unie.nl. If you want general information about reporting sick, click on this link: https://www.unie.nl/actueel/tips