AOb wins lawsuit over amount of benefit after illness
Those who have been ill before their unemployment and therefore received less wages will not receive a lower benefit. That is the result of a case that the AOb for one of the members has won at the Central Board of Appeal, the highest administrative judge.
Image: Rechtspraak.nl
This case concerned an employee who had been ill for a long time and did not receive her full pay for seven months during the second year of illness. She became unemployed six months after her recovery. The daily wage, which determines the amount of unemployment benefit, was determined on the basis of the lower wages she received during her illness. This is unjustified, according to the Central Appeals Board, the highest administrative judge. The council instructs the UWV to adjust the benefit.
Before 1 July 2015, the daily wage was determined on the basis of the wage that an employee would have earned if he had not become ill. After an amendment in 2015, the minister, due to pressure from the unions, some shortcomings *Earlier there was an article about the daily wage in the the Education Magazine. De AOb ensured, together with other unions, that the calculation of the daily wages was fixed as of December 1, 2016.recognized. Since 1 January 2017, the regulations for a large group of sick employees have changed. But not for employees who have been ill for less than two years.
After the change in 2015, the minister recognized some shortcomings due to pressure from the unions.
Badly executed
The Central Board of Appeal believes that the change to the daily wage rules has not been properly investigated and implemented. For some employees, this may even mean that they fall back on an income of 49 percent of the wages they received before they became ill in the event of unemployment.
The legal service of the AOb currently has various objection and appeal procedures pending with regard to the reduction of daily wages as a result of illness. The AOb is therefore pleased with this decision of the Central Board of Appeal. The unions are currently in consultation with the minister about a further repair of the daily wage decision, which must be done quickly. The AOb keeps members informed of developments.
