30 April 2025
Facing redundancy in the Netherlands?
If you’re employed by a corporation in the Netherlands and are facing redundancy, this article provides practical advice on how to navigate the situation.
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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 70% 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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30 April 2025
Facing redundancy in the Netherlands?
If you’re employed by a corporation in the Netherlands and are facing redundancy, this article provides practical advice on how to navigate the situation.
Read more
24 April 2025
Restructuring: selection based on suitability is permitted
How does an employer determine which employee is made redundant during a reorganisation? The reflection principle (in Dutch: afspiegelingsbeginsel) is the obvious statutory starting point.
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14 April 2025
Client or Employer?
Since January 1, 2025, the Dutch Tax Authority have resumed enforcement of payroll taxes, focusing on identifying false self-employment on the work floor.
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2 April 2025
Right of consent for works council in a group context
The works council has a legal right of consent when an employer plans to change a remuneration system.
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26 March 2025
Copying company information to a private email
In today’s digital workplace, employees generally have easier access to sensitive company information.
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18 March 2025
Holiday During Sick Leave: Is Permission Required?
What are the rights and obligations of employees who wish to go on holiday while on sick leave? In this blog, we explain the legal rules, the role of the company doctor, and the possible consequences if a sick employee goes on holiday without permission.
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17 March 2025
Obligations under the Collective Dismissal Notification Act
Under the Dutch Collective Dismissal Notification Act (WMCO), you are required to notify the Employment Insurance Agency (UWV) of the dismissal of 20 or more employees within three months. In this blog, we share some practical tips.
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5 March 2025
Building a paper trail in Dismissal Cases
Wherever people work together, employment relationships can be disrupted due to various circumstances. If an employer no longer wishes to continue an employment contract for this reason, the court will assess whether there is a valid ground for termination. In such cases, the dismissal file plays a crucial role.
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25 February 2025
Immediate Dismissal of a Sick Employee
During the first two years of an employee’s illness, an employer is generally not allowed to terminate the employment contract. However, there are exceptions to this rule. The dismissal protection does not apply if the sick employee is dismissed for urgent reasons, meaning they are dismissed on the spot (summary dismissal).
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