Intent does not easily break the obligation to continue paying wages

A sick employee is entitled to wages (Article 7:629 of the Dutch Civil Code). That right lapses only if he has intentionally caused the illness — but much is required for this. The intent must be directed at becoming ill itself, not merely at a risky action. As a result, intent rarely breaks the obligation to continue paying wages.

Right to wages during illness

If an employee is ill, you must in principle continue to pay their wages (Article 7:629 of the Dutch Civil Code). This right is strongly protected. There is an exception: if the employee intentionally caused their illness, the right to wages lapses. However, that exception is interpreted strictly.

The focus must be on the disease

Case law shows that it is not sufficient for the employee to have intentionally performed a risky act. The intent must be directed at becoming ill itself. For example, someone who practices a dangerous sport and is injured in the process acted consciously, but did not intend to become ill. In that case, the right to wages remains.

Therefore, a plea of ​​intent rarely succeeds

Because the employee must have genuinely wanted the illness — which almost never occurs and is difficult to prove — an appeal to this exception virtually never succeeds. Therefore, you cannot simply stop paying wages because the illness appears to be attributable to the employee's own behavior.

What can you do?

If a sick employee fails to cooperate with their reintegration, you may take measures, such as suspending or terminating wages in accordance with the applicable rules. This is separate from the intentional act exception. Carefully assess which grounds apply and build a solid case file.

Frequently Asked Questions

Am I allowed to stop paying wages if the employee is to blame for their own illness?

Almost never. The focus must be on becoming ill itself, not just on a risky action. That virtually never occurs.

Does this also apply to a dangerous hobby or sport?

Yes. Taking a conscious risk is not the same as intentionally becoming ill. The right to wages remains in effect.

When am I allowed to take a wage measure?

Including if the employee fails to cooperate with his reintegration. That is a different ground than intent.

Questions about sick pay?

Our legal experts advise on continued salary payments and reintegration, and draft your employment contract . View our employment lawteam or schedule a free consultation.