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If a sick employee fails to cooperate with their reintegration, you may intervene. The employee is legally obliged to cooperate (Article 7:660a of the Dutch Civil Code); if they do not, you may suspend or terminate their salary after a warning and, in extreme cases, request dismissal.
The employee must cooperate
An employee unable to work is obliged to comply with your reasonable instructions, to cooperate with the measures taken and the plan of action, and to perform suitable work (Article 7:660a of the Dutch Civil Code). If he fails to do so without good reason, he hinders his own reintegration as well as yours.
Step 1: warn
Start with a clear, written warning stating what the employee must do and the consequences of failure to cooperate. Document this properly; it forms the basis for further steps and for potential dismissal.
Step 2: suspend or stop salary
If the warning is ineffective, you may take a wage measure. In the event of failure to provide information, you may suspend wages; if the employee does not cooperate with the reintegration process itself, you may stop wages for the period during which he refuses. A wage freeze is a powerful tool, but one that must be deployed with care.
Step 3: final measure: dismissal
If the employee continues to refuse systematically, this may ultimately constitute grounds for dismissal. However, you must have a complete file showing that you issued a warning, implemented a wage measure, and gave the employee the opportunity to cooperate.
Frequently Asked Questions
Am I allowed to stop paying wages if an employee does not cooperate?
Yes, under conditions. If reintegration itself is refused, you may stop the salary; if information is withheld, you may suspend it. Give a warning first and document everything.
Can I dismiss an employee who is not cooperating?
In the extreme case, yes, after a warning and a wage measure, with a strong case file. It is a tough step.
What if the employee has a good reason?
In that case, the grounds for measures cease to apply. Always assess whether the refusal is justified, possibly with an opinion from the company doctor or an expert opinion from the UWV.
Tackle reintegration and absenteeism effectively?
Our legal experts advise on wage measures and draft a warning . View our employment lawteam or schedule a free consultation.
