I am currently unemployed. Am I entitled to an unemployment benefits?

Applications for a WW-uitkering (unemployment benefits) are processed by the Government’s Employee Insurance Agency (Uitvoeringsinstituut Werknemersverzekeringen – UWV).

The application for a WW-uitkering (unemployment benefits) is a three-stage process as follows:

Step 1

As of 1 July 2015, the transitievergoeding (transition compensation) was introduced. This compensation replaces the severance payment in cases of termination of an employment contract by the employer either via a court or the Government’s Employee Insurance Agency (Uitvoeringsinstituut Werknemersverzekeringen – UWV).

You are entitled to a transition allowance if you are dismissed or if the temporary contract is not renewed on your employer’s initiative. This right also exists if you resign yourself due to serious culpable acts or omissions on the part of your employer.
From 1 January 2020, you are entitled to a transition payment upon dismissal from the first day of your employment contract. The transition compensation is calculated as follows:

From your first working day, you will receive 1/3 monthly salary per entire year of service.
The transition payment for the remaining part of the employment contract is calculated according to the formula: (gross salary received on the remaining part of the employment contract / gross monthly salary) x (1/3 gross monthly salary / 12). This formula is also used to calculate the transition allowance if the employment contract has lasted less than a year.

Example: An employee is dismissed during his probationary period. The employment contract lasted a total of 5 days. The gross salary over these 5 days is € 800. This is considered as the monthly wages.
The calculation is then as follows: (€ 800 / € 800) x (1/3 x € 800) / 12) = 1 x (€ 266.67 / 12) = € 22.22. The employee will, therefore, receive € 22.22 transition compensation for the 5 days that he was employed.

Employers must pay at least 70% of the salaries of sick employees for the first two years. In the first year, sometimes 100% of the salary is paid. The first two days of sick leave may be at the expense of the employee, but this needs to be set out in the employee’s contract or in the collectieve arbeidsovereenkomst – COA (collective labour agreement).

The Ziektewet- ZW (Sickness Benefit Act) serves only as a ‘safety net’ for employees who do not have an employment anymore and in some special situations such as:

• Employees who have lost their job in the first or second year of their sickness
• Temporary workers on sick leave who do not have a permanent contract with their employment agency
• Home workers
• Student trainees
• Unemployed persons who receive a benefit from the Government’s Employee Insurance Agency (Uitvoeringsinstituut Werknemersverzekeringen – UWV)
• Sickness prior to or following the 16 weeks of maternity benefit (female employees are entitled to benefits for pregnancy and delivery under the Wet arbeid en zorg (Work and Care Act) amounting to 100% of the daily wage for a period of at least 16 weeks)
• Bankruptcy of the employer responsible for continuing to pay the salary
• In the event of sickness in the first five years of having taken on a person who is partly incapacitated for work
• Sickness due to organ donation

The period of sick leave during which the statutory wage will continue to be paid is two years. During this period, both the employer and the disabled worker must do all they can to improve the worker’s chances of returning to work and to make use of all opportunities to reintegrate the worker into the employment process. After two years, there is a review for Wet Werk en Inkomen naar Arbeidsvermogen – WIA (Work and Income according to the labour capacity act) qualification.

Under this Act, a fundamental distinction is made between employees who are both fully and permanently disabled after two years and those who are temporarily disabled.

An employee who is both fully and permanently incapacitated is no longer able to earn their own living; due to sickness, their work capacity has diminished to less than 20% income protection under the regulation governing income protection for individuals registered as completely disabled, Regeling inkomensvoorziening volledig arbeidsongeschikten – IVA.

A person can also qualify for IVA before the two years of sick leave have expired if it is clear that the relevant criteria have been met (i.e. the individual is totally and permanently incapacitated). The IVA is 75% of the last full daily wage.

Employees with a partial occupational disability can be divided into employees who after two years of sick leave are less than 35% disabled and employees with a substantial occupational disability, i.e. who are at least 35% incapacitated. Employers are responsible for maximising the employment capacity of employees who are less than 35% occupationally disabled. After two years of sick leave, workers who are partially disabled (at least 35%) may qualify for disability benefits under  Regeling werkhervatting gedeeltelijk arbeidsongeschikten – WGA (the regulation governing the re-employment of partially disabled workers). The benefit depends on how much you are disabled and – if you still have a job – your wages.