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Dismissal during burnout: what are your rights?

Dismissal during burnout: what are your rights?

Burnout is a serious stress-related condition. Dismissal during or after burnout is legally complex. We help you protect your rights and, if appropriate, negotiate a sound settlement agreement under Dutch law.

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Short answer

During the first 104 weeks of illness, an employer generally cannot dismiss you because of burnout. You are entitled to continued salary payments and reintegration support. You do not have to sign a settlement agreement. An agreement may sometimes be appropriate, but only after its consequences for salary, recovery, Dutch sickness benefit, WIA disability benefit and WW unemployment benefit have been carefully assessed.

Are you protected against dismissal during burnout?

Yes. Dutch law generally prohibits dismissal during illness. The employer must continue paying salary and work with you on reintegration. Statutory exceptions exist, for example if an employee fails to cooperate with reintegration without good reason or if dismissal proceedings had already started before the employee reported sick.

Your employer may propose a settlement agreement. Early termination is then possible only with your consent. Signing is voluntary and may have major consequences, so obtain advice on your income and benefit position before signing.

Key points to consider

  • Continued salary payments, generally for up to 104 weeks
  • Suitable and realistic reintegration
  • No pressure to sign a settlement agreement
  • Terms that do not impede your recovery
  • Clarity in advance about sickness benefit, WIA and WW unemployment benefit
  • A correct termination date, compensation and reimbursement of legal costs

Also read our guidance on a settlement agreement during illness.

Which situations commonly arise?

During burnout

You are unfit for work and your employer proposes a settlement agreement. You decide whether to accept it.

After partial recovery

You have partly recovered, but returning to your role is no longer realistic. A carefully drafted agreement may then offer a practical solution.

After long-term absence

The burnout continues and the 104-week limit approaches. WIA and the remaining reintegration duties then become especially important.

Risks you should assess

Loss of continued salary

Signing does not automatically end your salary immediately. Salary generally continues until the agreed termination date. The employer’s salary obligation then ends. If you remain unfit for work, entitlement to Dutch sickness benefit is not automatic.

Consequences for WIA

Early termination may affect your insurance and reintegration position and the route to a later WIA assessment. A settlement agreement does not automatically exclude WIA, but its timing and terms must be assessed before you sign.

WW unemployment benefit

The agreement should record, among other things, that the employer initiated the termination, that there is no urgent cause and that the correct notice period is observed. You must also be available for work. If you remain unfit for work, you will generally not qualify for WW immediately.

Which terms can you negotiate?

  • Higher severance compensation in addition to the statutory transition payment
  • A later termination date to allow more time for recovery
  • Release from work with continued salary until the termination date
  • Agreements about reintegration and the occupational physician’s role
  • Outplacement or career coaching
  • Payment of bonuses, holiday allowance and accrued leave
  • A factually correct and neutrally worded reason for termination
  • Legal costs, pension, restrictive covenants, full and final discharge and the statutory cooling-off period

Practical examples

Additional compensation and recovery time

An employee with burnout received a proposal without additional compensation. Following negotiations, compensation of €35,000 was agreed, together with a later termination date and release from work.

Carefully assessing WIA risks

Another employee wanted to leave quickly. We adjusted the termination date and terms so that risks relating to sickness benefit and WIA were not unnecessarily increased and the relevant entitlements could be assessed by UWV.

Why seek specialist assistance?

Burnout creates legal and personal challenges. We combine knowledge of Dutch employment law and social security with a practical approach. The aim is a solution that is legally sound and takes account of your recovery and future.

Before signing, have the settlement agreement, employment contract, occupational physician’s advice and reintegration records reviewed.

Our approach

1

Analysis of your situation

We assess your rights, the employer’s proposal and your personal circumstances.

2

Tailored advice

We discuss the risks, alternatives and the best strategy.

3

Negotiation

We negotiate a balanced agreement that reflects your recovery, financial position and future.

Frequently asked questions about dismissal during burnout

1. Can my employer dismiss me if I have burnout?

During the first 104 weeks of illness, a prohibition on dismissal generally applies and you are entitled to continued salary payments. Your employer therefore cannot simply dismiss you, although statutory exceptions exist.

2. May my employer offer a settlement agreement during burnout?

Yes, but you do not have to sign it. Signing while unfit for work may result in the loss of continued salary and problems obtaining Dutch sickness benefit.

3. Can a settlement agreement affect my WIA benefit?

It may affect your income, reintegration and future benefit position. WIA entitlement is not automatically lost, but the risks should be assessed before you sign.

4. How can I preserve my WW rights after burnout?

To qualify for WW, you must be available for work and must not be culpably unemployed. If you remain unfit for work, you will generally not qualify for WW immediately, even if the agreement is drafted correctly.

5. What severance compensation can I receive?

There is no fixed severance amount for employees with burnout. The amount depends on your circumstances, dismissal protection and negotiating position. An experienced dismissal lawyer can assess whether higher compensation is achievable.

About the author – Mr Edwin van Jaarsveld

This article was written by Mr Edwin van Jaarsveld, a specialist in employment law and dismissal cases. He has more than 25 years of experience advising and assisting employees and employers in matters involving dismissal, employment disputes, illness and settlement agreements.

Are you facing dismissal or a settlement agreement during burnout?

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