As an employer, you have failed to meet your reintegration obligations, and the UWV has imposed a wage sanction. What can you do now? In this article, we explain your rights and the steps you can take to challenge this decision.
Your Rights and Options
If you disagree with a UWV decision, you have the right to file an objection. The objection period is generally six weeks from the decision date. In some cases, a shorter period of two weeks applies — always check carefully the letter you received from the UWV.
The objection is handled by a different UWV department than the one that made the original decision. In most cases, you will be invited to a hearing where you can explain your situation orally. This is a crucial moment: the hearing offers you the opportunity to provide additional information and answer questions.
If your objection is rejected, you may appeal to the administrative court (rechtbank). The court assesses whether the UWV acted carefully and whether the decision is based on a valid justification. At appeal, you can also request an independent medical or labour expert assessment.
A further appeal against the court’s ruling is possible at the Central Appeals Tribunal (Centrale Raad van Beroep – CRvB). This is the highest court for social security cases in the Netherlands.
Common Errors Made by the UWV
The UWV frequently makes errors when assessing benefit applications. The most common errors are:
- The insurance doctor spends insufficient time in consultations and therefore misses important complaints
- Information from the treating specialist is not or insufficiently considered in the assessment
- Psychological complaints (depression, PTSD, anxiety, chronic fatigue) are underestimated or not recognised
- The labour expert selects functions that do not match the established limitations
- No consideration is given to sustainable loading capacity: you may be able to do something briefly, but not a full workday
- The reasoning for the decision is insufficient: the UWV does not explain why certain limitations were not adopted
An experienced lawyer recognises these errors and knows how to effectively challenge them.
Costs and Subsidised Legal Assistance
If an objection or appeal is well-founded, the UWV must reimburse (part of) your legal costs. Additionally, you may be eligible for subsidised legal assistance (toevoeging) via the Legal Aid Board (Raad voor Rechtsbijstand). In that case, you only pay a personal contribution depending on your income— as low as €188 for the lowest incomes.
At Arslan Advocaten, we always assess whether you qualify for a toevoeging. We believe everyone has the right to legal aid, regardless of income.
Understanding Employer Reintegration Obligations
Under Dutch law, employers have a legal obligation to support employees who are unable to work due to illness or disability in their reintegration back into the workplace. This obligation applies during the first two years of the employee’s illness and includes two phases: the first year of reintegration within the current employer’s organisation (first track) and, if necessary, the second year involving a search for work with a different employer (second track).
Employers must actively engage in creating a reintegration plan in cooperation with the employee and their occupational health physician. This plan outlines the measures taken to facilitate return to work, such as adjusted duties, work hours, or workplace modifications. Failure to follow these obligations can lead to the UWV imposing a wage sanction (loonsanctie), which means the employer must continue paying the employee’s salary for up to one year beyond the two-year period.
It is crucial for employers to document all reintegration efforts meticulously, as this documentation is often scrutinised by the UWV when assessing compliance. Early and proactive communication with the employee, healthcare providers, and the UWV can significantly reduce the risk of costly sanctions.
How to Effectively Challenge a UWV Decision
When contesting a UWV decision, it is important to build a strong case based on clear evidence and legal arguments. Start by carefully reviewing the decision letter and the underlying reports from insurance doctors and labour experts. Identify any inconsistencies, omissions, or medical facts that have been overlooked.
Gather supporting documents such as medical records, specialist opinions, and statements from your employee or occupational health professionals. These can help demonstrate that the UWV’s assessment does not accurately reflect the employee’s limitations or the employer’s reintegration efforts.
During the objection hearing, present this evidence clearly and calmly. If necessary, request an independent expert opinion to provide an unbiased assessment of the employee’s capacity and the feasibility of reintegration measures. An experienced lawyer can assist in preparing this evidence and representing you during the hearing to ensure your perspective is effectively communicated.
Remember that procedural errors by the UWV, such as failure to properly consider relevant medical information or inadequate reasoning in their decisions, can be powerful grounds for overturning a negative assessment.
Preventing Wage Sanctions: Practical Tips for Employers
Wage sanctions imposed by the UWV can be financially burdensome and damage employer-employee relationships. To avoid these penalties, employers should adopt a proactive and structured approach to reintegration:
- Timely Reporting: Report the employee’s illness to the UWV immediately and keep track of all deadlines and required documents.
- Collaboration: Work closely with the employee, occupational health services, and reintegration specialists to create a realistic and tailored reintegration plan.
- Documentation: Maintain thorough records of all reintegration activities, communications, and medical assessments.
- Flexibility: Be open to adapting work tasks, hours, and workplace conditions to accommodate the employee’s health status.
- Second Track Planning: If reintegration within your organisation is not possible, start exploring options for reintegration with other employers well before the end of the first year.
- Legal Advice: Consult a specialised lawyer early if you encounter difficulties or receive a negative decision from the UWV.
By following these best practices, employers can minimise the risk of wage sanctions and support the employee’s successful return to work.
Why Choose Arslan & Arslan Advocaten?
Our lawyers have years of experience with UWV procedures. We litigate daily against the UWV in objection, appeal and further appeal. We collaborate with independent medical advisors and labour experts to make your case as strong as possible.
With offices in Rotterdam, Amsterdam, The Hague, Utrecht, Eindhoven and Tilburg, we are always nearby. Contact us today for a free consultation without obligation.
Frequently Asked Questions
How much time do I have to file an objection?
In most cases, six weeks from the decision date. Sometimes a shorter period of two weeks applies. Always check the UWV letter.
Does hiring a lawyer for UWV matters cost money?
If your objection is well-founded, the UWV covers your costs. Also, you may qualify for subsidised legal aid (toevoeging), paying only a small personal contribution.
Can I file an objection without a lawyer?
Yes, but a specialised lawyer significantly increases your chances. UWV cases are complex and require knowledge of medical assessments, labour expert reports and administrative law procedures.
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