Sick out of service self dismissal - take care
Resigning yourself can have major financial consequences by losing your right to unemployment benefits, for example.
The legal prohibition on giving notice during illness protects employees, making dismissal almost impossible for employers during the first 104 weeks of dismissal.
If you are considering resigning during illness yourself, it is very important to seek legal advice beforehand.
It is not only your unemployment benefit that could be at risk if you resign yourself. It can also affect your WIA benefit.
A settlement agreement can offer a solution in some cases, though.
Last updated: 27/07/2025
Resigning yourself during illness: what the consequences are
Resigning during illness yourself is a decision that can have many legal and financial consequences. This is because, as an employee, you have some important rights that you are giving up by doing so.
No right to unemployment benefit
For example, you can lose the right to unemployment benefits because you resigned yourself. This is due to the Unemployment Act, which states that you cannot be blamed for your unemployment yourself. So if you resigned yourself while you had a job, you are responsible for becoming unemployed yourself. Even if you were sick.
No right to transitional compensation
Another important consideration is that if you resign yourself when ill, you are not entitled to transition allowance.
This is because the transition allowance is only intended as compensation when you are involuntary losing your job. The law therefore requires that the initiative for termination of employment must lie with the employer
Why these rules are so strict
In this, the law makes no distinction between people who are ill and resign themselves and simply resigning themselves because they no longer find their job challenging, for instance. So even in the case of illness, it is assumed that you made a deliberate choice to be unemployed.
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You are well protected as an employee during illness
It is good to realise that you are good protected are against dismissal during illness. This is because there is a 104-week (2-year) notice ban, during which your employer is not legally allowed to dismiss you.
Government considers protection of sick employees important
The legal protection against dismissal during illness is an important part of the Dutch social security system.
In fact, the Dutch government states that during illness, you are in a very vulnerable position as an employee. You often have enough worries already and you do not want to add to them the worry of losing your job. Furthermore, your income is very important during this period.
Reintegration as an important part of quid pro quo
On the other hand, the Dutch government has also added an important requirement to this dismissal protection for the employee.
Indeed, it requires you as an employee to take responsibility over your reintegration so that you can get back to work faster. It is important that you actively cooperate in this.
Alternatives to resigning yourself during illness
But suppose now: you are really not in your place and despite being sick you would like to leave your employer. So what are alternatives to resigning during illness?
Put your recovery needs first
Before resigning, it is important to first explore work opportunities that may suit your recovery needs.
Your health is the most important thing. So put that first and find out what workplace can contribute to your recovery.
Settlement agreement with your employer
A settlement agreement (VSO) can be an excellent solution in some cases when you want to stop working during illness. This is because this agreement offers important benefits that you would otherwise lose if you are sick and resign yourself. We discuss the main benefits:
1. You are simply entitled to unemployment benefits
The biggest advantage of a VSO is that with the right wording on the dismissal, you simply retain your unemployment insurance rights. This is because:
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The initiative can be officially placed with the employer, and not with your being ill
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You do not become "culpably unemployed", as stated in the unemployment law
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Termination considered mutual
Note: The UWV does test whether the VSO is justified. Therefore, do not mention "own wish" as a reason in the agreement. View a example VSO.
2. You are entitled to transitional compensation and additional severance pay
With a VSO, you can get a transitional allowance, while you would lose it if you resign yourself during illness. Even stronger:
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You can negotiate the amount of compensation
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In the case of illness, the room for negotiation is much greater than in other cases of dismissal
3. Other benefits for you and your employer
There are a number of other advantages for you and your employer, the most important of which is that no legal proceedings are needed to confirm your dismissal. This gives both you and your employer quicker clarity on the situation.
We check your VSO free of charge. Clarity within 24 hours.
Holding your employer liable for being sick
Possibilities for compensation
Does your employer not agree to a settlement agreement and will take you to court? Then, in some cases, you may be able to hold your employer liable for, for example, burnout symptoms, or other complaints you got from the work you had to perform.
Even if the employer defaults on reintegration, an employee can claim equitable compensation after dismissal in many cases.
Practical steps when resigning yourself during illness
Resigning during illness requires a careful and well-informed approach. Employees must formally notify their employer of their intention to resign.
We'll walk through it briefly, but want a full explanation? Then find it here.
Important: communication with the employer
Be open and honest with your employer about your intention to resign. In this communication, it is important to communicate frankly and honestly about your situation with your employer.
In fact, this openness can help discuss possible solutions and work together on a mutually beneficial plan.
Drafting formal resignation letter
Next, it is important to draft a good, professional resignation letter. The resignation letter should be clear and concise, stating the reason for dismissal and the desired termination date.
Preparing for the future
It is important to prepare yourself well for the period after dismissal by making a plan for job seekers. Especially if you are sick, this can be challenging. Here are some steps you can follow:
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Make sure you have an overview of your finances. Can you endure the period of illness for a long time or do you need to return to work immediately?
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Investigate any financial support you can apply for after discharge.
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List your skills and experiences to strengthen your job applications.
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Start networking to discover new opportunities.
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Prepare a CV and cover letter to use for job applications.
Conclusion
Resigning yourself during illness is a difficult decision with legal and financial consequences. The loss of entitlement to unemployment benefit and transfer compensation are important considerations.
Legal advice is very important to avoid unintended consequences and make informed decisions. With us, you can always free of charge and without obligation.
There are alternatives such as a settlement agreement, reintegration, and mediation that you can consider as an employee.
Do you decide to resign yourself anyway? Then be sure to draw up a financial plan so that you are well prepared for the future.
"Definitely recommended. Started by filling in the calculation tool in which it quickly became clear what I am entitled to. Then low-threshold contact and result is there. Thanks!!!"
Nina had been working as a marketing specialist for three years when her employer asked her to talk about a so-called "amicable settlement." This was because the company was facing financial problems and wanted to save costs. Nina was presented with a vso, which included mutual agreement dismissal as the reason for dismissal. This did not include a severance payment and the reason for dismissal was unclearly worded.
After Nina shared her vso with us, we contacted her to further clarify the situation and go through all parts of the vso together. At ontslagrechtjuristen.nl, we discovered that her employer had made a proposal mainly for its own benefit, with compensation that was far too low. Nina indicated that we could contact her employer to discuss the settlement agreement. After several discussions with her employer, she received fair compensation, was entitled to unemployment benefits and could count on a work release.
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About the author: This article was written by Mickey Heimans, dismissal lawyer at redundancy-lawyers.co.uk. With years of experience in both HR and dismissal law, he has extensive experience in assisting employees with their dismissal cases.