In many cases, your employer is legally required to continue paying your wages during illness. The general rule is that a sick employee is entitled to payment of at least 70% of their established, most recently earned salary for a period of two years (104 weeks). The percentage you are entitled to can never be lower than 70%. This percentage may be higher, depending on the agreements made in the CAO applicable to you or the employment contract you signed.
Minimum wage guarantee
During the first year of your illness, it is not permitted for your pay to fall below the statutory minimum wage due to application of the percentage. In the first year a minimum wage guarantee applies. If your pay under the wage payment obligation falls below the minimum wage, the employer is required to pay you the statutory minimum wage. The minimum wage guarantee lapses from the second year of the illness. In the second year, you will in that case receive 70% of the minimum wage.
When may your employer stop the wage payment obligation?
As an employee, you must comply with a number of obligations regarding your illness. If the employee does not comply with these obligations, the employer may stop paying wages if you:
- Intentionally caused the illness. Concealed conditions at the time of your hiring that show you are not able to perform your work.
- Refuse to cooperate with your recovery.
- Refuse to perform suitable work. Refuse to comply with reasonable rules or measures.
- Refuse to cooperate with your reintegration and the plan of approach that is drawn up for that purpose.
- Are entitled to a WIA benefit but apply for it too late.
How does it work if you are an on-call worker?
If you are an on-call worker, you are entitled to continued payment of wages for your call-up hours when you are ill. This also applies to the call-up hours that had already been scheduled or agreed orally. If your call-up hours follow a fixed pattern, you may also claim wages for those hours. In that case, there is a consistent working pattern. It is up to the employer to demonstrate that there is no consistent working pattern.
How does it work if you are a temporary agency worker?
Continued payment of wages during illness in principle also applies to temporary agency workers in phase B or phase C. This is different if you are a temporary agency worker in phase A and an agency clause has been agreed. In that case, you are not entitled to continued payment of wages during illness.
If your employer is not willing to comply with their obligation to continue paying wages, or if you are unsure whether you are entitled to continued pay during your illness, please feel free to contact one of our employment law specialists. They will be happy to assist you with advice and support.
Practical Advice for Employees During Sickness
It is crucial for employees to actively engage in the recovery and reintegration process to safeguard their right to continued wage payments. Communicating openly with your employer and the company’s occupational health service can prevent misunderstandings and help tailor a reintegration plan suited to your capabilities.
Keep detailed records of all communications, medical certificates, and reintegration efforts. These documents can be vital if disputes arise regarding your entitlement to continued wage payments. Additionally, promptly reporting your illness and following the employer’s instructions regarding reintegration meetings and assessments is essential.
Legal Framework in the Netherlands
The obligation to continue paying wages during illness is primarily regulated under the Dutch Civil Code (Burgerlijk Wetboek), specifically in Book 7, which governs employment contracts. Furthermore, the Dutch Sickness Benefits Act (Ziektewet) complements these provisions by covering certain groups such as temporary agency workers and employees without an employment contract.
Employers and employees must also adhere to guidelines from the Dutch Employee Insurance Agency (UWV), which plays a role in monitoring reintegration efforts and can intervene if an employer fails to meet their obligations.
Examples of Wage Payment Disputes
- Case 1: An employee refused to perform suitable alternative work during reintegration. The employer stopped wage payments after formal warnings. The court ruled in favor of the employer, emphasizing the employee’s duty to cooperate.
- Case 2: A temporary agency worker in phase A was denied wage continuation during illness due to an agency clause. The UWV confirmed that the clause was valid and the employee was not entitled to continued payment.
What to Do If Your Employer Stops Paying Wages
If your employer unlawfully stops paying your wages during illness, you have several options:
- Request a written explanation from your employer.
- Consult with a legal expert to assess whether your employer’s action complies with Dutch law.
- File a complaint with the UWV or initiate legal proceedings to recover unpaid wages.
Timely action is important, as delays may weaken your position. Understanding your rights and obligations can help prevent financial hardship during illness.
Contact Arslan & Arslan Advocaten for Expert Assistance
If you are facing issues with wage payments during illness or have questions about your rights under Dutch employment law, Arslan & Arslan Advocaten are here to help. Our experienced employment law specialists provide personalized advice and strong representation to ensure your rights are protected. Contact us today to discuss your situation and get the support you need.
Frequently Asked Questions
Am I entitled to continued wages if I am sick for an extended period?
Yes, generally you are entitled to at least 70% of your most recent salary for up to two years of illness. During the first year, your pay cannot fall below the statutory minimum wage due to the wage payment obligation.
Can my employer stop paying my wages if I am ill?
Your employer can stop wage payments if you intentionally caused your illness, refuse to cooperate with recovery or reintegration, or fail to meet other obligations. Otherwise, they are legally required to continue paying wages during your illness.
What happens if I am an on-call worker and I am sick?
If you are an on-call worker, you are entitled to wages for your call-up hours when sick, including scheduled or agreed hours. If your call-up hours follow a fixed pattern, you can claim wages for those hours unless your employer proves otherwise.
Are temporary agency workers entitled to continued wages during illness?
In principle, temporary agency workers in phase B or C are entitled to continued wages during illness, but this does not apply if you are in phase A and an agency clause is in place. If you are unsure about your rights, consult an employment law specialist for advice.