Employers are increasingly facing delays at the UWV (Employee Insurance Agency), particularly in the assessment of WIA (occupational disability) applications and reintegration reports. These backlogs can create uncertainty: can you only start thinking about dismissal once the UWV has finished its work? The answer is no — you do not have to wait.
Reintegration and the WIA assessment do not always run in parallel
After two years of illness, the ban on dismissal during illness ends, in principle. Normally, the so-called RIV assessment (reintegration report review) then follows, in which the UWV assesses whether the employer has done enough to support reintegration. Only after that is a decision made on the employee’s WIA benefit.
In practice, due to capacity issues, this assessment can take months. As a result, it is not always clear whether, or when, the employment contract may be terminated.
A dismissal application is also possible without a WIA decision
The UWV has clarified that an employer can file a dismissal application for long-term incapacity for work even without the RIV assessment or WIA decision being completed. The statutory two-year term remains leading: once it has passed and no wage sanction has been imposed, the employer may submit a request for termination. It is, however, important that the file contains sufficient substantiation. Think of a statement from the company doctor on fitness for work, information on the first day of illness, the course of the illness and degree of recovery, an overview of reintegration activities, and a chronological report of the illness and recovery process.
An already-prepared reintegration report can serve as substantiation in that case.
No more wage sanction for UWV delay
An added advantage for employers is that, once the two-year term has passed, the UWV can no longer impose a wage sanction. If the UWV later finds that reintegration efforts were insufficient, only the employee can ask the UWV for compensation for any wages missed as a result.
For the employer, this means the dismissal can proceed, provided the file has been carefully built up.
Do you have questions about this recent development? Our employment lawyers are ready to help.
