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ARTICLE · 11 DECEMBER 2019

Revised Implementation Rules For Dismissal In The Event Of Long-Term Incapacity For Work

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As of 1 October 2019, the UWV will apply new implementation rules for dismissal in the event of long-term incapacity for work.

NetherlandsEmployment and HR
Iris Veerkamp
Iris Veerkamp

As of 1 October 2019, the UWV will apply new implementation rules for dismissal in the event of long-term incapacity for work. What are the most important changes and their consequences?

1. New implementation rules

Earlier, we gave an overview of the most important changes of the new implementation rules of the UWV with regard to dismissal on economic grounds (DEG). For example, the new implementation rules for DEG are linked to the Shell ruling of the Supreme Court, from which it follows that the redeployment obligation is not a result obligation but a best-efforts obligation. This ruling has also been incorporated into the new implementation rules for dismissal in the event of long-term incapacity for work (LIW). It is necessary to look at what can be expected from an employer in the given circumstances and the employer has a 'certain margin of discretion' in this respect. The new implementation rules of both EG and LIW also provide examples of how the

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