{"product_id":"vragen-31868-ik-ben-per-28-5-2013-ziek-op-16-12-2014-heeft-mijn-werkgever-mij-ontslagen-dmv-tussentijdse-beeindi","title":"Assistance with dismissal and UWV problems","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e \nI have been ill since 28-5-2013. On 16-12-2014 my employer dismissed me by means of interim termination of temporary appointment. I have filed an objection to this and in the meantime there has been a hearing at the employer's committee. (no decision yet) my employer has registered me with UWV as ill from employment on 15-12-2014.\n\n At this moment, the UWV has postponed the decision on the application for sickness benefits by 2 weeks.\n I have had no income since December 16, 2014 and I don't know where to go.\n The UWV wants me to defend myself against the dismissal decision of the subdistrict court, but I have not taken this path and it is unclear to me what I have to do.\n\n I would like advice on what to do with UWV and where I can go for income.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n The procedure before the internal committee of your former employer will not get you far. I advise you not to continue down this path.\n \nIn principle, an employer may not terminate the employment contract with an employee if the employee has reported sick. If your employment contract does not contain an interim amendment clause, termination before the end of the employment contract is also not possible for this reason.\n\n You will therefore have to contest your termination as manifestly unreasonable at the subdistrict court. As long as you do not do this, the UWV will consider you to be culpably unemployed and will refuse a benefit under the Unemployment Act or the Sickness Benefits Act. I advise you to contact an employment lawyer.\n\n You may be eligible for subsidized legal aid. You can contact one of the lawyers on this website, a legal aid clinic or law clinic in your area or Het Juridisch Loket (0900 8020) or: http:\/\/www.juridischloket.nl\/Pages\/default.asp\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e \nThanks for your response. As an addition to my story. I have been a civil servant and therefore interim termination is possible. I have a lawyer through legal aid who is assisting me in the procedure of objection dismissal.\n\n Could it be that there is confusion about this at UWV and that I am therefore being held liable for any culpability?\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n I advise you to ask your lawyer whether the UWV is allowed to refuse a benefit and what can be done about it. Hopefully, he or she has all the documents and can therefore advise you better.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n I agree with Mr Martens.\n\n While you know that civil service law differs greatly from labor law, your question .deliberately provides incorrect information. Furthermore, you 'forget' to mention that you already have legal assistance. Bravo!\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55016771158365,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-31868-ik-ben-per-28-5-2013-ziek-op-16-12-2014-heeft-mijn-werkgever-mij-ontslagen-dmv-tussentijdse-beeindi","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}