Legal advice: Don't resign yourself
When teacher Petra indicates to her director that she wants to continue her career in a different way, her employer offers her a scheme. Petra asks the legal department of the AOb to which she is entitled.
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The passionate teacher in Petra has disappeared. She has been working at a primary school in the middle of the country for thirty years. It is always difficult for her to get used to a new director, and she has not yet fully mastered the interactive whiteboard. In combination with the constant changes of teaching methods, the hair becomes too much.
Petra understands that she cannot change the situation at school. That is why she has followed a training as a children's coach and would like to start her own company. Petra just doesn't know how to handle this. That is why she wants support from an outplacement agency.
Proposal
She has carefully discussed her plans with her director. The director makes her a proposal: she resigns as of 1 May 2018, the employer pays the outplacement agency up to an amount of 7500 euros (including VAT) and in March and April Petra is exempt from work and she still receives her salary. She can then fully focus on her own company as a children's coach. The director wants a quick response to the proposal.
Petra asks the legal department of the AOb for advice. What about unemployment benefits and what happens if she becomes ill? The lawyer of the AOb explains that Petra is not entitled to unemployment benefits if she resigns herself. Then the UWV considers her to be 'culpably unemployed', with the sanction that no unemployment benefit is awarded. In addition, the granting of unemployment benefits is necessary for an extra-statutory benefit (wopo scheme), which entitles you to a supplementary and subsequent benefit after the statutory unemployment benefits. With this proposal Petra is therefore not entitled to any unemployment benefits.
If Petra becomes ill before 1 May after submitting her letter of resignation, she will leave the employment ill. Because she was not yet ill when she submitted her letter of resignation, she is entitled to sickness benefits.
Counter proposal
The lawyer advises Petra to make a counter-proposal. Consult with the employer about a settlement agreement (vso), in which the employer and employee agree on the conditions under which they will separate. A VSO with the correct content entitles you to unemployment benefits. The employer is not obliged to cooperate with this, but Petra can always propose it. If the employer wants to participate in a VSO, it is wise to first apply for unemployment benefits and then start your own company in consultation with the UWV benefits agency. With this, Petra is entitled to a full unemployment benefit. Subsequent income from own business is deducted from the benefit.
This section is based on practical experience of AOblawyers
