wage sanction imposed by the UWV can extend your financial obligations. In this article, you will discover what this exactly means and how you, as an employer, can handle it wisely.
Your rights and options
If you disagree with a UWV decision, you have the right to file an objection. The objection period is generally 6 weeks from the date of the decision. In some cases, a shorter period of 2 weeks applies — always check the letter you received from the UWV carefully.
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 an important moment: the hearing gives you the opportunity to present additional information and answer questions.
If your objection is rejected, you may appeal to the administrative court (district court). The judge reviews whether the UWV acted with due care and whether the decision is based on a sound reasoning. In an appeal, you may also request an independent medical or occupational expert opinion .
You may further appeal the court’s ruling to the Central Appeals Tribunal (Centrale Raad van Beroep, CRvB). This is the highest court for social security matters in the Netherlands.
Common mistakes by the UWV
The UWV frequently makes errors in assessing benefit applications. The most common mistakes are:
The insurance physician spends insufficient time during consultations and misses significant complaints
Information from the treating medical specialist is not or insufficiently taken into account in the assessment
Mental health complaints (depression, PTSD, anxiety, chronic fatigue) are underestimated or unrecognised
The occupational expert selects positions that do not correspond with the established limitations
No consideration is given to sustainable capacity: you may be able to perform something briefly, but not for a full working day
The reasoning of 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 aid
If your objection or appeal is well-founded, the UWV must reimburse (a part of) your legal costs. Moreover, you may qualify for subsidised legal aid (toevoeging) through the Legal Aid Board (Raad voor Rechtsbijstand). In that case, you only pay a personal contribution depending on your income — for the lowest incomes as little as €188.
At Arslan Advocaten, we always assess whether you qualify for legal aid. We believe everyone has the right to legal assistance, regardless of income.
Understanding the UWV Wage Sanction (Loonsanctie)
The UWV wage sanction is a measure designed to encourage employers to actively participate in the reintegration of employees who are unable to work due to illness. If an employer fails to comply with their reintegration obligations, the UWV can extend the employer’s obligation to pay the employee’s salary beyond the usual two-year period. This sanction can last up to a maximum of one additional year.
It is important to note that the wage sanction is not a penalty for the employee but rather a financial consequence imposed on the employer. The purpose is to incentivize employers to take their reintegration duties seriously, including creating suitable work opportunities and cooperating with the employee and health professionals.
Employers should therefore maintain thorough documentation of all reintegration efforts, including communication with the employee, occupational health experts, and any modifications to the workplace or job duties. This documentation can be crucial if the UWV imposes a wage sanction and you wish to contest it.
Employer’s Reintegration Obligations Explained
Under Dutch law, employers have specific reintegration obligations when an employee is sick. These are regulated primarily by the Dutch Sickness Benefits Act (Ziektewet) and related legislation. During the first two years of sickness, the employer must do everything reasonably possible to help the employee return to work.
This includes, but is not limited to:
Reporting the sickness promptly to the UWV
Engaging in regular contact with the employee to monitor recovery progress
Consulting an occupational health physician (bedrijfsarts) to assess capabilities and limitations
Developing and implementing a reintegration plan (Plan van Aanpak) tailored to the employee’s situation
Offering suitable adjusted or alternative work if the employee cannot perform their original tasks
Participating actively in meetings and procedures with the UWV and other parties involved
Failure to meet these obligations can trigger the wage sanction, which imposes additional salary payment obligations on the employer. Therefore, it is essential to understand these duties fully and to seek legal advice if you encounter difficulties.
How Arslan Advocaten Supports Employers in UWV Matters
At Arslan Advocaten, we understand the complexities involved in UWV wage sanctions and reintegration procedures. Our team of specialised lawyers provides practical and strategic advice to help employers comply with their obligations and to contest unjust wage sanctions effectively.
We assist you throughout the entire process, from reviewing your reintegration efforts and UWV decisions to drafting objections and representing you in court. Our collaboration with independent medical advisors and occupational experts enables us to build strong cases that challenge incorrect medical assessments or procedural errors by the UWV.
Moreover, we keep you informed about the latest legal developments and best practices in employee reintegration and social security law. Whether you are a small business or a large corporation, we tailor our services to your needs and priorities.
With offices in Rotterdam, Amsterdam, The Hague, Utrecht, Eindhoven, and Tilburg, we are always within reach to provide timely assistance. Contact us today for a free, no-obligation consultation to discuss your case.
Frequently Asked Questions
How much time do I have to file an objection?
Usually 6 weeks from the date of the decision. Sometimes a shorter period of 2 weeks applies. Always check your UWV letter carefully.
Does a lawyer cost me money in UWV matters?
If your objection is well-founded, the UWV reimburses your costs. Additionally, you may be eligible for subsidised legal aid (toevoeging), where you only pay a small personal contribution.
Can I file an objection myself without a lawyer?
Yes, but a specialised lawyer significantly improves your chances. UWV cases are complex and require knowledge of medical assessments, occupational reports, and administrative law procedures.
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