Illness and changes in labour law

An employee is ill / has become unfit for work when the person is unable to perform work duties because of a physical or mental defect. But which rights and duties do an employer and employee have towards each other and what if the illness has been caused by an accident at work or by an occupational disease?

Also the labour law has drastically changed on July 1st 2015. Which changes apply to you as employer or employee.

Then we are often asked whether an employment agreement may be changed unilaterally. In some situations the employment agreement may be changed.

If you have further questions about the information above, we are glad to help you.

Illness / work-disability

If an employee is ill, the employer has to contiunue paying the wage up until a maximum of 104 weeks. The employer has to pay at least 70% of the last earned wage or at least the Legal minimum wage. Next to this the employer can agree upon two waiting days with an employee. This entails that the employee does not earn wage on the first 2 days of illness.

An occupational health and safety physician (a medical examiner of the working conditions service) determines whether an employee is fit or unfit to perform work duties. If you as employer do not agree with the judgment of the physician, you may request for a second opinion with the UWV (the Dutch Employee Insurance Agency). An employer may only file a request for such information if this is relevant for the reintegration of the employee. During the period of work-disability an employer and an employee are obliged to design an action plan together and the employee among other things has to be cooperative in his or her recovery.

If an employee has been ill for two years, the employer can terminate the employment by filing a request for a dismissal permit at the UWV or by reaching a settlement agreement with the employee. An ill employee also receives a transition compensation after 104 weeks.

If you have any further questions about illness / work-disability or reintegration, we are glad to help you.

Changes in employment agreement and labour law

The labour law has changed drastically since July 1st 2015.

For example the provisions on succession of fixed-term employment contracts , the dismissal law and the height of a severance payment have changed. Next to this often an employer wants to change the employment agreement unilaterally , but the question is whether this is allowed. Has a unilateral changes clause been included and does the employer have a substantial interest for the change? If no unilateral changes clause has been included in the employment agreement, one will first have to consider whether the proposal of the employer is reasonable (good employer practices) and also whether the employee should reasonably accept the proposal (good employee practices).

If you have any further questions about the changes in labour law or about changing an employment agreement, we are glad to help. Contact us for more information about the possibilities.