Legal advice in case of incapacity for work

Questioner

Good day. Unable to work due to illness from April 2018. After a few months, I started working two-thirds of my hours. In this job, I perform tasks that are physically feasible for me. These tasks are listed in my job description. So, NO NEW work has been created. Unfortunately, I can't do everything. In the UWV action plan, my employer describes the work as created work. In my opinion, this is adapted work that is within my capabilities due to my physical disability. How does the law view this? Because I am now 66% fit for work (adapted work) and the remaining hours are incapacitated, my contract expires in April 2020. Can my employer then dismiss me completely? 100% or only that part for which I may still be incapacitated? I look forward to hearing from you. Thanks in advance.

Questioner

You are 100% incapacitated for your own work. After all, you cannot perform all tasks. You are currently working in a modified role. This is different from a created role. This modified role is assigned a salary value of 66%. Legally, this is different from 66% incapacity for work. After two years of illness, it must be assessed whether this modified position is the maximum feasible. If so, it will become your new position. The employer can then partially dismiss you. You are then entitled to a partial transition payment. The Supreme Court recently ruled on this. If further recovery is expected, the employer may not partially dismiss you either. If you have any further questions or problems, I recommend contacting a specialized employment law attorney, such as myself. They are members of a specialized association. The first consultation is often free, such as at my office.