15 January 2025
Request for Permanent Employment
Since August 1, 2022, employers in the Netherlands must comply with the Transparent and Predictable Working Conditions Act.
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Should you become ill and be unable to work, a variety of problems and obligations arise, both for you as an employee and for your employer.
From the first day of sickness, it is very important that you and your employer strictly follow the applicable regulations. If either of you do not follow these procedures, you could be fined.
In general, if you are sick for longer than 1 week, then the company doctor (“bedrijfarts”) will be called upon. It is this company doctor alone, not the employer’s doctor nor your own personal doctor, who will assess whether you are unable to work due to sickness.
If your sickness persists, then you and your employer must draw up a plan of action to reintegrate you in your job. Getting you back to work is the joint goal of both you and your employer.
Are you not able to carry out your own work, but you are able to carry out other work? Then both parties must accept that you will be offered “suitable work” by the employer. You may be reintegrated in the employer’s company itself or outside it.
If you are not able to carry out the work that has been negotiated as a result of your sickness, your employer is obliged to continue to pay you 77% of your salary during the first 104 weeks of sickness.
Your employer may not terminate your employment or dismiss you via UVW procedure during this period (the first 104 weeks of sickness).
If you are still not able to resume your former job after 104 weeks of sickness, then your employer’s obligation to continue to pay your salary comes to an end. In that case, the employer can ask the UWV for permission to terminate your employment agreement.
GMW lawyers has a team of experts in employment law who can advise you about your rights, obligations, and the applicable processes to follow.
If you need help with issues regarding illness and burnout, please contact us for further information.
GMW lawyers will be happy to help you with all your employment law issues. Our lawyers assist both employers and employees.
Do you have a question? Please feel free to contact us.
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15 January 2025
Request for Permanent Employment
Since August 1, 2022, employers in the Netherlands must comply with the Transparent and Predictable Working Conditions Act.
Read more
23 December 2024
Is your company ready for a four-day work week?
With effect from 1 January 2025, AFAS will introduce a four-day working week for all its employees, who will retain their current five-day salary. Employees already working less than five days will be compensated.
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18 December 2024
Three-strikes-and-you’re-out policy
In staff manuals I regularly come across the rule that a third warning automatically leads to dismissal with immediate effect. In baseball terminology, this is called a ‘three-strikes-and-you’re-out’ policy. An employer from Eindhoven also called this an ‘oei-foei-doei’ policy.
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16 December 2024
Investigations into undesirable behaviour in the workplace
Physical attacks, (sexual)harassment, verbal abuse, but also inappropriate comments – these are all forms of undesirable behaviour in the workplace.
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11 December 2024
Working from home not an entitlement for the time being
The corona crisis changed how organisations think about working from home. It even led to a legislative proposal; the Work Where You Want Act (wetsvoorstel ‘werken waar je wilt’) aimed at making it easier for employees and employers to reach agreements on hybrid working.
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9 December 2024
Employers’ liability for a burnout?
Small mistakes can have large consequences. The same applies at work: employers’ liability is easily on the cards. Excessive work pressure, inhalation of hazardous substances or physical overload.
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4 December 2024
Respecting Works Council’s Participation Rights
Works councils do not often litigate against their own management. Generally, the works council (WC) and the manager or entrepreneur prefer to resolve disputes through constructive dialogue.
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25 November 2024
Enforcing the establishment and recognition of a works council
Nearly one-third of companies with more than 50 employees do not have a works council (WC).
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14 November 2024
Variable compensation and salary continuation during illness
During the first two years of illness, an employee has the right to receive at least 70% of their salary.
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