When can my employer dismiss me during a track 2 return-to-work process?
- 02/03/2026
- Posted by: Rosalie Derksen
- Category: Geen onderdeel van een categorie
Many employees who are on long-term sick leave in the Netherlands are required to participate in a Track 2 return-to-work process. This is part of the reintegration system where it is explored whether an employee can return to work with a different employer. During this period, many employees wonder: can my employer dismiss me while I am in a Track 2 process?
The answer is nuanced. Dutch employment law contains strict rules regarding dismissal during illness and reintegration. Employers are generally not allowed to dismiss employees while they are sick and must first fulfill extensive reintegration obligations.
What Is a Track 2 Reintegration Process?
A Track 2 reintegration process is part of the legal reintegration obligations that apply when an employee is unable to work due to long-term illness. If it becomes clear that returning to your own position or another suitable role within your current company is unlikely, the employer must explore whether you can work for a different employer.
This process is part of the obligations under the Gatekeeper Improvement Act and is monitored by the UWV.
Reintegration generally takes place in two tracks:
Track 1: returning to your original job or another suitable role within the same company.
Track 2: searching for suitable work with a different employer.
A Track 2 process usually starts when it becomes clear that returning to work with the current employer is unlikely.
Can an Employer Dismiss You During a Track 2 Process?
In most situations, an employer cannot dismiss you while you are sick. During the first 104 weeks of illness, a statutory protection against dismissal due to sickness applies.
This means that during a Track 2 reintegration process, your employer generally cannot terminate your employment while this period has not yet passed.
However, there are some exceptions where dismissal during illness may still occur, for example when:
- the company closes down completely or goes bankrupt
- there is a summary dismissal for serious misconduct
- the employee refuses to cooperate with reintegration efforts
- a fixed-term employment contract expires
In normal circumstances, the employment contract remains in place while the Track 2 process continues.
What Happens After Two Years of Illness?
If you have been sick for two years, the employer may apply for dismissal on the grounds of long-term incapacity for work. This requires a formal procedure through the UWV.
The UWV will assess several factors, including:
- whether the employer has made sufficient reintegration efforts
- whether Track 1 and Track 2 reintegration steps were properly carried out
- whether returning to work is still possible
If the UWV determines that the employer did not make sufficient reintegration efforts, it may impose a wage sanction. In that case, the employer may be required to continue paying wages for up to an additional year.
Only after the UWV grants permission may the employer terminate the employment contract.
Which Grounds for Dismissal Exist in the Netherlands?
Employers in the Netherlands may only dismiss employees based on legally defined grounds for dismissal. These grounds are listed in the Dutch Civil Code.
The main dismissal grounds include:
- economic or business-related reasons, such as reorganizations or closures
- long-term incapacity for work (after two years of illness)
- poor performance despite proper guidance and improvement efforts
- culpable or inappropriate behavior by the employee
- a severely disrupted working relationship
- conscientious objections that prevent the employee from performing the job
- other exceptional circumstances
- a combination of several incomplete dismissal grounds (the cumulative ground)
In cases of long-term illness, dismissal is only possible when the employee has been incapacitated for more than two years and recovery within 26 weeks is not expected.
Which Procedure Must an Employer Follow?
If an employer wishes to dismiss an employee due to long-term illness, a formal dismissal procedure through the UWVmust be followed.
The process generally involves the following steps:
- The employer submits a dismissal application to the UWV
- The employee is given the opportunity to submit a written response
- The UWV reviews the reintegration efforts of both parties
- The UWV decides whether permission for dismissal will be granted
If the UWV grants permission, the employer may terminate the employment contract while observing the statutory notice period.
Are You Entitled to a Transition Payment?
Yes. If an employer terminates the employment contract after two years of illness, the employee is usually entitled to a statutory transition payment.
The transition payment amounts to one-third of a monthly salary for each full year of employment. This compensation is intended to help employees transition to new work, for example by funding training, education, or job-search support.
Employers may reclaim the transition payment they paid after dismissal due to long-term illness under certain conditions through the UWV.
How UFIND Helps with Track 2 Return-to-Work
UFIND provides specialized support through tailored return-to-work programmes designed for the unique situations of highly educated professionals. Our services include:
- Reintegration guidance: personal coaching to support a return to work within or outside the organization
- Outplacement services: professional assistance in finding new employment opportunities
- ACT methodology: Acceptance & Commitment Training to help transform negative thoughts into positive action
- Labor market expertise: in-depth knowledge of recruitment and labor market developments
- Legal support: guidance on dismissal procedures and your legal position
We believe in the power of personalized solutions, because every track 2 situation is unique. Our experienced specialists guide you throughout the entire process, with one dedicated coach who fully understands your situation.
Through our Track 2 reintegration services, we aim to maximize your chances of finding meaningful new employment, even in challenging labor market conditions.