Continued Wage Payment During Illness on Temporary Contract in Tilburg

Continued Wage Payment During Illness on Temporary Contract in Tilburg

In Tilburg, where many flexible jobs in sectors such as the textile and logistics industries are common, as an employee with a temporary contract, you have the right to continued wage payment during illness. This right is limited to the duration of your contract. Your employer must continue paying your wages as long as the contract is active, after which you can transition to a Sickness Benefits allowance through the UWV. This article, tailored for residents of Tilburg, explains how this works under Dutch employment law, with tips for local support via the Legal Aid Office Tilburg.

What Does Continued Wage Payment During Illness Mean for Temporary Contracts?

Continued wage payment during illness requires your employer to keep paying your salary if you are unable to work due to illness. For temporary contracts in Tilburg, often used for seasonal work or projects at local companies, this applies only during the contract period. Unlike permanent positions, payments stop at the end of the contract, even if you are still recovering. You can then apply for a Sickness Benefits allowance from the UWV, provided you meet the requirements. This protects flexible workers in the region but offers less security than indefinite-term contracts.

The law encourages recovery and reintegration, while employers in Tilburg are urged to help sick employees return to work. Illness does not automatically extend your temporary contract; it ends on the agreed date. If the contract ends while you are ill, apply promptly for a Sickness Benefits allowance from the UWV. For personal advice in Tilburg, you can visit the Legal Aid Office Tilburg. This builds on general information about the Sickness Benefits Act for flexible workers.

Legal Foundations

The rules are outlined in the Dutch Civil Code (DCC), Book 7. Article 7:629 DCC requires continued wage payment during illness for up to 104 weeks, unless the contract ends earlier. For temporary contracts (Article 7:668a DCC) in Tilburg, it continues until the end, without converting to a permanent contract due to illness.

After the contract ends, you fall under the Sickness Benefits Act, regulated by the Act and related laws. Article 19 of the Sickness Benefits Act provides entitlement to an allowance if the employer stops paying. In the first two years, the employer pays at least 70% of your wages (often 100% in the first year via a collective labor agreement), and the Sickness Benefits allowance is also 70% of your daily wage, up to a maximum of €274.44 (2023). Note: For temporary workers in Tilburg, you must meet wage-related conditions, such as sufficient working days in the previous year. For temporary agency work, additional collective labor agreement rules from ABU or NBBU apply.

Rights and Obligations Regarding Continued Wage Payment in Tilburg

Rights as an Employee

If you fall ill during a temporary contract in Tilburg, you have the right to:

• Ongoing wage payment until the contract ends (at least 70%, often higher via a collective labor agreement).
• No dismissal during illness, except for urgent reasons (Article 7:670 DCC).
• Reintegration support from your employer, including a reintegration plan (RRP) within 8 weeks of reporting sick.
• After the contract ends: Sickness Benefits allowance via the UWV, following a waiting period (usually 2 days).

For disputes, you can seek advice in Tilburg from the Legal Aid Office or take legal action at the District Court of Zeeland-West-Brabant in Breda.

Obligations as an Employee

1. Report your illness to your employer immediately (within 2 days).
2. Cooperate with reintegration efforts, such as visiting occupational health services or resuming work.
3. After the contract ends: Apply for Sickness Benefits from the UWV within 2 weeks.
4. Avoid activities that hinder your recovery.

Employers in Tilburg must continue wage payments and report to occupational health services, but the short duration of temporary contracts increases the pressure for reintegration.

Practical Examples from Tilburg

Suppose you are on a temporary contract for 6 months at a logistics company in Tilburg and become ill after 3 months due to a back injury. Your employer continues payment (100% in the first year via a collective labor agreement) until the end. After 6 months, if you are still ill, you apply for Sickness Benefits from the UWV: 70% of your daily wage (e.g., €50 per day based on a €2,000 gross monthly salary). This illustrates the need for quick action to ensure a smooth transition.

For an on-call contract in the Tilburg hospitality sector, you report your illness; wages for scheduled shifts are paid. Without extension, you may qualify for Sickness Benefits if you have sufficient work in the previous year. Disputes about wage duration often arise with chained contracts (maximum 3, Article 7:668a(2) DCC). The Municipality of Tilburg provides additional support for job seekers through work placement information.

Difference Between Temporary and Permanent Contracts

Overview:

Aspect	Temporary Contract	Permanent Contract
Wage Payment	Only until the end of the contract (up to 104 weeks)	Full 104 weeks
After Contract End	Sickness Benefits allowance via UWV	No contract end; wages continue

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