Sickness Benefits Act: voluntary resignation in Tilburg
**Voluntary resignation during Sickness Benefits** in Tilburg means that, while you are ill and receiving a Sickness Benefits payment, you terminate your employment contract yourself. Reasons may include a conflict with your employer, a new opportunity elsewhere or personal reasons. Your choice affects your benefit. This article explains how it works in Tilburg, with references to the District Court of Zeeland-West-Brabant (Wilhelminapark 100) and Tilburg Legal Aid Office (Spoorlaan 364).
What does voluntary resignation during Sickness Benefits entail?
Voluntary resignation, or **termination by the employee**, takes place while you are ill and may already be receiving a Sickness Benefits payment. The **Sickness Benefits Act (ZW)** provides 70% of your salary (with maximum) if you cannot work due to illness, provided you meet conditions such as having recently worked. Voluntary termination can affect this right.
Legal frameworks
Important laws:
- Sickness Benefits Act (ZW): Article 10 regulates entitlement to benefits.
- Civil Code Book 7: Termination by employee (arts. 7:667-7:675 CC).
- WIA: Relevant in case of long-term illness.
- Sickness Benefits Act Implementation Decree: Further conditions.
Entitlement to Sickness Benefits after voluntary resignation?
You are entitled if your illness is independent of the resignation, as assessed by the Employee Insurance Agency (UWV). Report illness and resignation correctly. In Tilburg, you can go to the District Court of Zeeland-West-Brabant (Wilhelminapark 100) for disputes or the Tilburg Legal Aid Office (Spoorlaan 364) for free advice.
Conditions overview
| Condition | Explanation |
|---|---|
| You are ill | Medically established by a doctor (company doctor/general practitioner). |
| Sufficient working hours | At least 26 weeks in the past 12 months (or 52 for >65 years). |
| Illness independent | Not caused by resignation decision. |
| Timely reporting | To employer and UWV; visit Tilburg Legal Aid Office for help. |
Practical examples
Example 1: Personal reasons
Jan from Tilburg is ill, receives Sickness Benefits and resigns due to relocation. His illness predates the resignation, so the UWV approves the benefit. He consults the Tilburg Legal Aid Office (Spoorlaan 364).
Example 2: Conflict resignation
Marie is ill and resigns after an argument with her boss. The UWV rules the illness is not independent; no benefit. She goes to the District Court of Zeeland-West-Brabant (Wilhelminapark 100).
Step-by-step plan in Tilburg
- Consult a doctor for a certificate of incapacity for work.
- Report resignation in writing to employer (observe notice period).
- Submit Sickness Benefits application to UWV.
- Seek help from Tilburg Legal Aid Office, Spoorlaan 364 or the Court.
Consequences and tips
No salary after termination; benefit may stop. Do not incur sanctions by reporting late. For Tilburg residents: free consultation hours at the Legal Aid Office. Contact UWV for personal assessment.