When Does The Prohibition Against Termination During Sickness Apply?

In the Netherlands, employers are generally prohibited from dismissing sick employees in the event of a reorganization, even if those employees are eligible for dismissal based on the reflection principle. The reflection principle (in Dutch: afspiegelingsbeginsel) provides selection criteria in case of redundancies. Specifically, job losses must be proportionally distributed among the various age groups. The prohibition against termination allows sick employees to rely on staying employed while on leave. The only exception to this rule, meaning the prohibition will not apply, is if the employee reports sick after the employer has filed a dismissal application with the UWV (the Dutch Employee Insurance Agency). This prevents employees from abusing the prohibition against termination during sickness.