Is it better to report before signing the settlement agreement?

Questioner

I am an employee and have been sick at home for half a year, I work together with my father in a company, because I have been sick for so long there have been several business conflicts and reintegration is therefore impossible. Now we want to sign a settlement agreement so that we can separate, but I have not yet recovered from my illness. In order to be able to separate, my boss will report my better to the occupational health and safety service. I have my contract and also in the agreement a 1 month notice period is stated, so until February 1st. My question is: if I still have not recovered after February 1st, can I still apply for a sickness benefit? And do I have the right to unemployment benefits? I look forward to hearing from you. Kind regards

Lawyer

A settlement agreement during illness is usually not advisable. This can lead to you not being entitled to unemployment benefits. After all, the employer must (in the case of a permanent contract) continue to pay the majority of the salary for the first two years. If you agree to a settlement agreement, the UWV can therefore refuse unemployment benefits because they will then have to pay you. In that case, you will also (almost certainly) not receive sickness benefits. If you think you can immediately start applying for jobs and getting back to work if you find another job, you can probably receive unemployment benefits. It is therefore not wise to stop working with a settlement agreement during illness. If you do want to do this, it is important to have this agreement checked properly and to be aware of all the risks. Please feel free to contact me if you have any questions or require legal assistance.