The notice prohibitions. In: Work and Security Bill (33 818), Commentary and recommendations working group on dismissal law VvA, Association for Labor Law Series No. 41, Kluwer, Deventer 2014, p. 83-90

Notice prohibition during illness

The current Section 7:670 (1) (b) provides that the prohibition on giving notice during illness does not apply if the illness arose only after the employer submitted to the UWV a request for permission as referred to in Section 6 BBA. The proposed amendment to Section 670(1)(b) appears to be intended only to adapt this provision to the intended system of dismissal, whereby from now on a request for permission must be submitted to the UWV or the committee referred to in Section 671a. 'Seems' because the proposed regulation replaces the word "a [request]" with "the [request]" and, moreover, the explanatory memorandum refers to "the complete request." This last addition in particular creates confusion, as the legislator may wish to express by this that the anti-abuse provision referred to in Article 670(1)(b) will only come into effect if the employer can prove that it has submitted a complete request for dismissal. Whereas currently, the date on which the employer submitted the dismissal permit (by fax) and not the confirmed date of receipt by the UWV may already be decisive for this.

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