{"product_id":"vragen-71194-geachte-na-2-jaar-ziektewet-en-geen-recht-op-een-wia-uitkering-doet-mijn-werkgever-mij-het-volgende","title":"Legal Advice on Sickness Benefits Act and WIA","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Dear,\n After two years of sick leave and no WIA benefits, my employer makes me the following offer. This is a copy of the email I received from my employer.\n Dear,\n\n\n Following our conversation this morning, I propose the following:\n\n On November 29, 2017, you reported sick, which means you have been sick for two years and are not eligible for a WIA benefit.\n On April 23, 2020, you will reach retirement age. Until then, you will remain employed by our company and will therefore have to perform suitable work. \nYou still have 165 hours of leave, which you will take in December (70 hours), January (70 hours), and February (25 hours). The remaining 45 hours will be supplemented by us. You will be released from duty.\n During the months of March and April, until you reach retirement age, your contracted hours will be supplemented to 70 hours per month. You will also be exempt from service during this period.\n\n I hope I have made you a suitable proposal.\n\n Would you like to respond to this before December 25, 2019?\n\n\n Yours sincerely,\n\n My question is whether this is legally allowed and whether I have to accept this.\n\n With kind regards,\n\u003ch4\u003e Questioner\u003c\/h4\u003e \nIf the WIA (Work and Income according to Labour Capacity Act) is rejected, you can file an objection within six weeks. I don't know if that has happened yet. I advise you to consult an employment lawyer before signing anything. The Supreme Court recently ruled that if an employee requests a settlement agreement after two years of illness, with the right to a transition payment, the employer must, in principle, cooperate. It's questionable whether this would be more advantageous in your case than the arrangement currently being proposed. Don't wait too long, because as of January 1st, the method for calculating a transition payment will change. This could be particularly unfavorable for older employees.\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Thank you.\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":56301520257373,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-71194-geachte-na-2-jaar-ziektewet-en-geen-recht-op-een-wia-uitkering-doet-mijn-werkgever-mij-het-volgende","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}