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Settlement agreement during illness

3 minuten mr. Jeroen Kaspers kantoor 17 maart 2020 2025

Signing a settlement agreement during illness is in principle never wise. You thereby commit a prejudicial act for the Sickness Benefits Act and thereby waste your possible claim to a Sickness Benefits benefit. You may even waste your right to a UI-benefit. It is therefore never wise to sign a settlement agreement without further legal advice on your specific situation if you are incapacitated for work.

Illness:

Upon signing this settlement agreement, the employee declares not to be ill or incapacitated for work.

During a period of incapacity for work, you have, for 104 weeks, the right to continued payment of salary during illness. This is legally determined. Because the risk of continued payment of salary during illness legally lies with your employer, the UWV will reason that you commit a prejudicial act for the Sickness Benefits Act if you sign a settlement agreement during incapacity for work. Without signing the settlement agreement, your employer was namely obliged to continue paying the salary to you. The UWV will not take over that obligation if you thwart this with a settlement agreement.

How about UI and illness?

For your possible claim to a UI-benefit, it is slightly different. Namely, for the UI, you do not necessarily commit a prejudicial act by signing a settlement agreement during illness. However, in the context of your claim to a UI-benefit, you must be available for the labor market. In other words, you must be able to accept a job elsewhere and do everything necessary in that regard. If you are too ill to, for example, perform job application activities, then you are not available for the labor market and you will also lose your UI-rights.

Conclusion

In short; whether it is possible AND whether it is wise to sign a settlement agreement during a period of incapacity for work really differs from case to case. Your personal situation must be well investigated by a jurist to advise on this. We gladly help you if you have received a settlement agreement during illness and you doubt whether you can/should sign it. Contact us for advice by calling, or email and/or chat with us. We gladly help you further on your way!

mr. J.A. Kaspers

mr. J.A. (Jeroen) Kaspers


Jurist en Mediator

Jeroen is specialist ontslag en arbeidsrecht. Met succes onderhandelt Jeroen bij vaststellingsovereenkomsten of disfunctioneren. Komt u er niet uit? Raadpleeg Jeroen via kaspers@wolderwijd-juristen.nl of 036 522 7007.

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