Transition payment after illness? Get free advice!

Questioner

Good day, I have been working as a temporary worker for the same employment agency for almost 3 years. Due to a severe burnout, I ended up in the situation of being ill. Because this employment agency is its own risk bearer for the Sickness Benefits Act, it was responsible for my sickness benefit after my employment ended in April 2016. The company where I worked (hirer) was dismantled, which automatically started track 2. By means of a reintegration process, I was first active for a period without any wage value in order to build up a work rhythm again. In the meantime, there has been some wage value for almost a year and since March 2017 I have received income from work and partly from the Sickness Benefits Act. The waiting period of 2 years expired at the end of February and I have now been reported as fully recovered. The collaboration with the employment agency has now ended. Through track 2, I am now being offered a min-max contract with another employer, this concerns 24-36 hours, the first period probably 24 hours. For the remaining hours, I intend to appeal to any unemployment benefit rights. Am I still entitled to a transition payment in my situation? According to the employment agency, I am now too late with my application, while in the past they held me back, I first had to be reported recovered before applying? I think my ex-employer is trying to avoid her obligations, is this correct?

Lawyer

An employee whose employment contract is terminated may claim a transition payment and possibly also a fair compensation. If this compensation is not paid, the employee must submit a request to the subdistrict court within the expiry period of two or three months. Otherwise, the right to this compensation will lapse.