Legal Assistance with Employment Law and Occupational Diseases

Questioner

I have a question about I think employment law. I have been working for a company through an employment agency for 2 years and have become ill... probably an occupational disease... Now the company does not want to give me a contract after the holiday because I am not yet fully back to work. Yesterday my supervisor comes with the message that I better report for the holiday. (This is also the end of the contract) This is in 2 weeks. I only have an appointment with an occupational health physician one day before the holiday. Now I know for myself almost for sure that I got my illness in this company but I had to prove this so I ask for measurements of the air quality but they do not want to release these. Because it is about now and as they say not about a year and a half ago but I have worked for a year and a half in what I consider to be poor working conditions where I was constantly exposed to solvents and other thinners and varnish fumes, and you do not get an occupational disease overnight. What can I do about this? Due to my illness, I can no longer perform the profession I was trained for. Thank you in advance! Yours sincerely

Lawyer

You do not have to report yourself better because they want you to. You are sick and they have to continue paying you. Even though you are not better. If it is even the employer's fault due to poor working conditions, it may even be the case that the employer has to pay you sick pay for longer than the statutory two years. You should certainly not simply agree to the games that the employer plays to get you out as quickly as possible. He is not allowed to fire you during the illness. If you would like further help and/or advice, please feel free to contact me.

Questioner

Does this also apply to temporary workers? The occupational health and safety doctor has now banned me from returning to the factory where I worked, so I no longer have a job because I have not been given a contract again and they have reported me sick and out of service to the UWV.

Lawyer

This applies to every employer. Also to the employment agency. They are your employer.

Questioner

But they reported me sick and out of service to the UWV. My contract expired, like everyone else's, during the holidays (company closure) and so I did not receive a new contract before the holidays. I was in phase B. But now I am unemployed and I can no longer do the work I studied for.