{"product_id":"vragen-58167-ik-ben-63-jr-in-2014-aan-baarmoederkanker-geopereerd-en-bestraling-gehad-waardoor-ik-klachten-aan-h","title":"Legal Assistance in case of Illness and Dismissal","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e \nI am 63 years old. In 2014 I had surgery for uterine cancer and radiation, which left me with complaints. I reported sick on 10\/08 (stressed out), my deputy manager called me and suddenly she said we cannot fire you, but perhaps we can arrange something financially? I was surprised. On 15\/09 I went to the occupational health and safety doctor, he said I had to talk to him, but not in black and white that I was better. My employer read it differently and reported me better, which I did not agree with. They offered me a 2nd opinion. I wanted that, because I still felt sick. In the personal conversation it went well, but the phone call from them was different. They want me to take the days (2 days per week) that I do not work as leave. I do not agree with that because I have not reported myself better yet and have not had a 2nd opinion yet. They do not have it! On 25\/09 I went to the occupational health and safety doctor again and filled in the form! regarding the 2nd opinion. This is not being discussed now, they think I can start tomorrow because nothing is stopping me? So I am taking another day off, tomorrow I have to go to AVL for a check-up, I will get those hours as a doctor's visit. On 25\/09 I have a meeting at work at 12:00 and they want me to resume work immediately if possible? Can they do this? I feel very confused, especially because the first telephone conversation is not discussed afterwards. I mentioned that I might feel 'better' and would be open to it. The atmosphere has gone from nothing to something. A lot of talking back and forth, me versus 2 people, my manager and someone from HR. I do not know what I should\/can do. Many things indicate that they want me gone but that I am taking the step. They come across well in black and white, but the telephone conversation that follows is the exact opposite. I am not motivated nor do I feel taken seriously and I am not sure what is going on now. The complaints I have are chronic and annoying, which prevents me from doing my work. So I have not yet reported myself better, but they expect me to use my vacation days for this. I have done that in recent years, because I find calling in sick awful. So my question; can they expect me to use my vacation days for this, do I have to resume work on Monday immediately after the interview, it is as if they only read and see what they want to see and often repeat themselves with we are not occupational health physicians,..with which they say that I have to do what they want\/say. I am afraid that they will withhold my days and that I will receive little or no salary, because I have to take days off instead of sick? \n\n\u003ch4\u003eLawyer\u003c\/h4\u003e\n\n Your employer may not simply force you to take vacation days while you are sick. Your employer may only deduct sick days from vacation days to the extent that they concern 'the extra-legal vacation days' and to the extent that you have agreed to this, either prior to the employment contract or collective labor agreement or during or after your illness. Outside of these cases, your employer may not offset vacation days, i.e. the statutory ones, against sick days.\n As for the extra statutory vacation days, you should check your contract\/collective labor agreement, but for the normal statutory vacation days, your employer may not touch them. If your employer does not pay your salary, you can file a wage claim.\n\n Furthermore, if you are ill, the occupational physician must draw up a plan of action and you will enter a reintegration process. Your employer cannot just arbitrarily decide that you resume your work. You can also request a second opinion from the UWV, but first of all, the occupational physician should have a role in this.\n \nYour employer is obliged to continue paying your wages in case of illness. The obligation to continue paying wages lasts for at least 2 years. If you are still ill after that, you may be able to apply for a WIA benefit.\n Dismissal during those 2 years is not allowed just like that. Then permission must be requested via the UWV but they test strictly, so they look at whether both employer and employee have met the reintegration obligations (wage sanction can possibly be imposed if the employer is in default).\n\n Your employer may therefore want to offer you a settlement agreement. In other words, dismissal by mutual consent. That is possible, but doing this while you are ill does have consequences. You would then have to bridge the period between the (legal) dismissal date applicable to you and your retirement age.\n \nIt is possible that you will receive unemployment benefits if you have not yet found a new job, but this is annoying if you are ill, because you are obliged to apply for jobs and may end up on the Sickness Benefits Act (in which case reintegration falls under the UWV, unless your employer is a self-insurer). But what is best in this regard can be investigated by a lawyer. \nFurthermore, you can negotiate with your employer about a transition payment\/severance payment. So an amount that you receive because of your dismissal. A calculation must be made for this, so what you are entitled to. This depends on your situation. If your employer does not offer such compensation, it is wise not to part ways with a settlement agreement at all. If your employer does offer one, always have it checked by a lawyer. Because such agreements must include a number of aspects that safeguard your rights. If you no longer want to work, a settlement agreement might be an option, but again, have it checked by a lawyer. I regularly check settlement agreements, especially in the event of illness, and also assess whether the reintegration process has gone well.\n\n If you have any further\/additional questions following this answer, please feel free to ask.\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55005479141725,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-58167-ik-ben-63-jr-in-2014-aan-baarmoederkanker-geopereerd-en-bestraling-gehad-waardoor-ik-klachten-aan-h","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}