Continued Wage Payment During Illness on a Temporary Contract in Delft
In Delft, with its thriving academic and technical sector, such as at TU Delft, temporary contracts are common. As an employee on a temporary contract (for example, a fixed-term employment contract), you are entitled to continued wage payment during illness, but this is limited to the duration of your contract. Your employer must continue paying your wage as long as the contract is active, after which you may apply for a Sickness Benefits allowance from the UWV. This article, tailored for residents of Delft, explains how this works under Dutch employment law, with tips for local support through the Juridisch Loket Delft.
What Does Continued Wage Payment During Illness Mean for Temporary Workers in Delft?
Continued wage payment during illness means your employer must keep paying your wage if you cannot work due to illness. For temporary contracts in Delft, this applies only during the contract's term. Unlike permanent positions, payments stop at the end of the temporary 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, such as newcomers in the high-tech industry, but offers less security than indefinite-term contracts.
The law encourages recovery and reintegration, while employers in Delft are urged to actively participate. Illness does not automatically extend a temporary contract; it ends on the agreed date. If the contract ends while you are ill, it is essential to quickly apply for Sickness Benefits from the UWV. For residents of Delft, we recommend consulting the Juridisch Loket Delft for any questions. This builds on information about Sickness Benefits for flexible workers, focusing on local practices.
Legal Basis for Residents of Delft
The rules are outlined in the Dutch Civil Code (BW), Book 7. Key is Article 7:629 BW, which requires continued wage payment during illness for up to 104 weeks (2 years), unless the contract ends earlier. For temporary contracts (Article 7:668a BW), the contract for a fixed term remains intact and ends on schedule, without converting to permanent due to illness.
After the contract ends, you fall back on the Sickness Benefits Act (ZW), as regulated by the Incapacity Insurance Act and the Sickness Benefits Act. Article 19 of the ZW grants temporary employees the right to benefits if the employer's obligation ceases. In Delft, the employer pays at least 70% of your wage in the first two years (often 100% in the first year under a collective labor agreement), and the Sickness Benefits allowance is 70% of your daily wage, capped at €274.44 (2023). Note: For temporary contracts without prior steady employment, you must meet wage-related conditions, such as recent working days. In the temp work sector in the region, additional collective labor agreement rules from ABU or NBBU apply.
Rights and Obligations Regarding Continued Wage Payment in Delft
Rights as an Employee in Delft
If you are on a temporary contract in Delft and fall ill, you can expect:
- Ongoing wage payment until the contract ends (at least 70%, often higher under a collective labor agreement).
- Protection against dismissal during illness, except in urgent cases (Article 7:670 BW).
- Reintegration support from your employer, including a return-to-work plan (PVA) within 8 weeks of reporting illness.
- After the contract ends: Sickness Benefits allowance via UWV, if you comply with waiting periods (typically 2 days).
For disputes, you can turn to the District Court of The Hague, the local authority for residents of Delft.
Obligations as an Employee
- Report your illness to your employer immediately (usually within 2 days).
- Cooperate with reintegration efforts, such as consultations with the occupational health service or work resumption activities.
- After the contract ends: Submit a Sickness Benefits application to UWV within 2 weeks.
- Avoid activities that hinder your recovery.
Employers in Delft must continue wage payments and inform the occupational health service, but the short duration of temporary contracts increases the pressure for reintegration. The Municipality of Delft provides additional information through its social services.
Examples from Delft's Practices
Suppose you are on a temporary contract for 6 months as an assistant at a tech company in Delft and become ill due to an injury after 3 months. Your employer continues payment (100% in the first year under the collective labor agreement) until the end. After 6 months, if you are still ill, you apply for Sickness Benefits from UWV: 70% of your daily wage, for example €50 based on a €2,000 gross monthly salary. This illustrates the need for quick action to ensure a smooth transition.
For an on-call worker in the hospitality sector near Delft's center, you report illness for scheduled shifts, with payment continuing for those. Without contract extension, you may receive Sickness Benefits if you have sufficient work in the previous year. Disputes often arise about wage duration in chain contracts (maximum 3 consecutive ones, Article 7:668a paragraph 2 BW), especially in the local flexible labor market.
Comparison: Temporary vs. Permanent Contract in Delft
Here is an overview for clarity:
| Aspect | Temporary Contract | Permanent Contract |
|---|---|---|
| Wage Continuation | Only until the end of the contract (max. 104 weeks) | Full 104 weeks |
| After Contract End | Sickness Benefits allowance via UWV | No contract end; wage continues |
For personal advice in Delft, contact the Juridisch Loket Delft or the District Court of The Hague in case of conflicts.
Veelgestelde vragen
Wat is mijn retourrecht?
Bij online aankopen heb je 14 dagen retourrecht zonder opgaaf van reden, tenzij de wettelijke uitzonderingen gelden.
Hoe lang geldt de wettelijke garantie?
Goederen moeten minimaal 2 jaar meewerken. Defecten die binnen 6 maanden ontstaan worden verondersteld al aanwezig te zijn.
Kan ik rente eisen over schulden?
Ja, je kunt wettelijke rente eisen (momenteel ongeveer 8% per jaar) over het openstaande bedrag.
Wat kan ik doen tegen oneerlijke handelspraktijken?
Je kunt klacht indienen bij de consumentenbond, de overheid of naar de rechter gaan.
Wat is een kredietovereenkomst?
Een kredietovereenkomst regelt hoe je geld leent, wat de rente is, en hoe je dit terugbetaalt.