MKB Juristen drafts custom legal documents
It is best not to cobble together or copy important contracts, terms and conditions, and other legal documents yourself. We help entrepreneurs on a budget with customized legal solutions, clear costs upfront, and practical explanations.
- Custom contracts, terms and conditions, and legal documents
- Budget-friendly and clear about the costs upfront
- Request a free consultation or a no-obligation quote
Since January 1, 2020, the rule applies: no work, still pay — unless the failure to work falls within the employee's sphere of risk. The burden of proof for this has shifted to the employer. If you wish to withhold wages during absence, you must demonstrate that the cause is attributable to the employee.
The reversal since 2020
Under the old law, the principle of 'no work, no pay' applied: in principle, anyone who did not work was not entitled to wages. Since 2020, the basic principle has been reversed to 'no work, but pay, unless' (Article 7:628 of the Dutch Civil Code). The employee retains their wages, unless the failure to work can reasonably be attributed to them.
When are you allowed to withhold wages?
Withholding wages is only permitted if the cause of the absence lies within the employee's sphere of risk, such as unauthorized absence or oversleeping. If the cause lies within your sphere or in a shared risk, the employee retains the right to wages.
The burden of proof lies with you
The most important consequence of the legislative change: as an employer, you must prove that the absence is attributable to the employee. If you cannot do so, you must continue to pay the salary. Carefully document the absence and the reason for it.
Practical tips
Record absences and the communicated reason, apply clear absence rules in your personnel policy, and do not resort to withholding too quickly. If in doubt, do not unilaterally suspend the entire salary — that could backfire.
Frequently Asked Questions
Am I allowed to withhold wages if an employee oversleeps?
Yes, because that falls within his sphere of risk. You must, however, be able to substantiate that the absence is attributable to the employee.
Who must prove that there is no entitlement to wages?
Since 2020, you, the employer. If that proof is not successful, the employee retains his salary.
May I suspend the salary in case of doubt?
Be careful: unilaterally withholding the full salary when in doubt is risky. Have your position assessed before making deductions.
Questions about wages and absenteeism?
Our legal experts advise on continued payment of wages and absenteeism, and incorporate the rules into your employment contract. View our employment lawteam or schedule a free consultation.
