BWBR0045662
Geldig vanaf 2021-10-01
Artikel 8.4
Legal Status (Local Employees) Regulations 2020
1. The employer may not, during a period specified in the mission version, terminate an employment contract with an employee who is partly or wholly unfit to perform their duties due to sickness, unless the termination is unrelated to the sickness and its consequences. The period referred to in the previous sentence is determined in accordance with local regulations or local usage. The employer bears the burden of proving that termination of an employment contract is unrelated to the employee’s sickness and its consequences.
2. An employment contract may not be terminated due to sickness unless the sickness has been diagnosed by means of a medical examination by or on behalf of the occupational health service.
3. For the purpose of determining the date on which an employment contract may be terminated in accordance with the provisions of paragraph 1, periods of partial or total unfitness for work due to sickness that are separated by intervals of less than 31 days are added together.
4. If the employer terminates an employment contract contrary to the provisions of paragraph 1, the employee may:
a. annul the termination within two months thereof by sending written notification to that effect to the employer; or
b. invoke article 8.9.
5. Paragraph 1 does not apply to termination during the probationary period.
6. Any claim in connection with annulment as referred to in paragraph 4 (a) is subject to a limitation period of six months following the date on which termination took effect.
2. An employment contract may not be terminated due to sickness unless the sickness has been diagnosed by means of a medical examination by or on behalf of the occupational health service.
3. For the purpose of determining the date on which an employment contract may be terminated in accordance with the provisions of paragraph 1, periods of partial or total unfitness for work due to sickness that are separated by intervals of less than 31 days are added together.
4. If the employer terminates an employment contract contrary to the provisions of paragraph 1, the employee may:
a. annul the termination within two months thereof by sending written notification to that effect to the employer; or
b. invoke article 8.9.
5. Paragraph 1 does not apply to termination during the probationary period.
6. Any claim in connection with annulment as referred to in paragraph 4 (a) is subject to a limitation period of six months following the date on which termination took effect.