A Dutch fixed-term employment contract can expire while an employee is sick. The expiry date does not settle why an employer declined a new contract. If the employer’s file links that decision to absence caused by a disability or chronic illness, discrimination rules may apply.
Why this matters
In a small team, absence can delay customer work, add overtime and disrupt the roster. Those are real problems, but they do not by themselves justify withholding a new contract. Risk often appears in emails and meeting notes. Calling an employee “unreliable” or “difficult to schedule” is risky if it refers to illness-related absence. Keep performance, staffing needs, work capacity and possible adjustments in separate records. Timely notice does not cure an illness-based decision.
Example
A service company with six staff has an employee whose contract ends in two months. The employee performs well, but sickness absences have disrupted customer appointments. A manager suggests non-renewal because the employee is “too difficult to schedule”. The company checks the performance file, staffing needs and guidance from the occupational physician. It records whether adjusted hours or tasks were considered. Shift cover remains a planning issue. The contract decision rests on documented employment and business reasons.
XTROVERSO tips
- Separate the date from the decision. Record the agreed contract end date separately from the reason for offering or withholding a new contract.
- Check the words in the file. Review emails, meeting notes and draft letters. Replace labels such as “unreliable” with specific facts about work, performance or staffing.
- Review functional options. Check whether adjusted hours, tasks or workplace arrangements were considered. Record why an option was workable or created a disproportionate burden.
- Keep medical details out. Managers need information about work capacity and agreed actions. Diagnosis and treatment details belong in the medical process.
- Meet the notice deadline. Check whether the written notice requirement applies. For many contracts of at least six months, notice is due one month before the end date.
- Continue sickness procedures. Keep wage-payment and reintegration duties active until the contract ends. Check whether a reintegration report or UWV handover is required.
Need a second look at your contract file and decision trail? We can help identify the questions to resolve before notice is sent
The data, sourcing, and analysis behind this article were conducted by Linda Pavan. AI was not used to identify sources, build the factual basis, or produce the analytical judgment contained here. AI was used only as a drafting aid. The final English text was personally reviewed, edited, and approved by Linda Pavan before publication.
References
- Rechtspraak – Non-renewal, chronic illness and fair compensation
- Wettenbank – Equal treatment for disability or chronic illness
- UWV – Expiry of a fixed-term contract during sickness
- Rijksoverheid – Written notice for a fixed-term contract
- UWV – Cooperation on employee reintegration
- Rijksoverheid – Temporary employment ending during sickness
