Loonstop of loonopschorting

6 November 2024

Suspension of salary or discontinuation of salary

By Anja Blijham

A sick employee is entitled to 104 weeks of continued salary payment, but this entitlement comes with responsibilities. The employee must actively engage in their reintegration process and cooperate towards a swift recovery.

However, if the employee fails to meet these obligations adequately, the employer is faced with the decision of implementing either a salary suspension or a salary stop.

Suspension of salary

In cases where an employee refuses to adhere to control regulations necessary for determining their entitlement to salary during illness, the employer may opt for salary suspension. These control regulations are in place to ensure that the employer can accurately assess the employee’s work incapacity. Compliance with these regulations, such as attending scheduled appointments with the company doctor and being available at specified times, is essential for the employer’s decision-making process.

The decision to suspend salary should only be made if the employer is unable to verify the employee’s actual work incapacity. During a salary suspension, the employer delays payment to the employee. If the employee subsequently cooperates with their reintegration obligations, the employer is obligated to retroactively pay the withheld salary. Therefore, salary suspension serves as a strategic tool to motivate the employee to fulfil their reintegration responsibilities promptly.

Discontinuation of salary

In certain circumstances, the employer may choose to stop the employee’s salary rather than suspending it. In case of discontinuation of salary, the employee forfeits their right to receive payment during this period. Unlike salary suspension, the withheld salary is not paid retroactively if the employee later complies with their obligations. The discontinuation of salary serves as a definitive disciplinary action.

The law clearly outlines situations in which an employer is permitted to discontinue an employee’s salary. The employer can discontinue the salary in the following cases:

  • The employee deliberately causes their own  (incapacity for work);
  • The employee conceals a pre-existing condition or provides false information during their pre-employment medical examination;
  • The employee intentionally hinders or delays their recovery process;
  • The employee refuses to perform suitable work or comply with regulations aimed at facilitating suitable work;
  • The employee fails to participate in developing, evaluating, or adjusting a reintegration plan;
  • The employee submits a WIA application late or fails to submit one at all.

In such circumstances, the employee forfeits their right to salary, allowing the employer to cease payment. If the employee resumes cooperation with the reintegration process and adheres to the required regulations following the salary stoppage, payment will resume from that point onwards. So, in cases of a justified salary discontinuation, the employee is not entitled to receive salary for the duration of their non-compliance with reintegration obligations.illness

Importance of prior warning

Before implementing a salary discontinuation or suspension, it is essential for employers to provide the employee with a written warning. This warning should clearly outline the expectations placed on the employee, specify the deadline for meeting these expectations, and detail the consequences of non-compliance. If the situation does not improve following the warning, the employer may proceed with either discontinuing or suspending the salary.

Conclusion

Navigating the decision between implementing a salary discontinuation or suspension can be complex for employers. Choosing the appropriate measure is crucial as an incorrect decision may result in the employee retaining their right to salary.

More information

Do you need clarification on implementing a salary discontinuation or suspension? Or do you have any related questions? Please feel free to contact us.

Related blogs

Previous slide
Next slide

17 September 2026

Dismissal for lying about working from home

Incorrectly registering a workplace can constitute an urgent reason for summary dismissal. The Rotterdam District Court recently confirmed this in a judgment. The case concerned an employee of online bank Bunq. Over a period of three months, the employee stated 21 times that he was working from the office in Rotterdam, while other data showed that he was not at the office.

Read more

Read more about

3 September 2026

Employer, may I move to a competitor?

Many employers include a non-compete and/or non-solicitation clause in their employment contracts. If an employee wants to work for a client or a competitor of the employer, and the employer does not allow this, the employee may feel compelled to take the matter to court. That was also the case in a ruling by the Zeeland-West Brabant Subdistrict Court in May 2025.

Read more

Read more about

27 August 2026

Works council and right of consent for changes to home working policy

Around the summer of 2025, two judgments were published on a highly topical issue: changes to home working policy. From the United States, a trend seems to be spreading to the Netherlands in which companies are trying to force employees to work from the office more often, or even full-time.

Read more

Read more about

13 August 2026

New Act on Transfer of Undertakings in Bankruptcy (WOVOF): consequences for employees and restart entrepreneurs

Some time ago, a blog was published on our website about the protection of employees in a restart following bankruptcy. It was relevant then and remains a topical issue now, as the Act on the Transfer of Undertakings in Bankruptcy (Wet Overgang van Onderneming in Faillissement, WOVOF) is approaching.

Read more

Read more about

16 July 2026

Love in the workplace: employment law considerations

Cupid does not let his arrows be guided by HR policies. That situations of love at the work place do not always come without consequences became clear again after the Coldplay concert end of 2025.

Read more

Read more about
All articles