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Having a wage freeze for reintegration drafted by a specialized SME lawyer typically costs between 150 and 500 euros for a standalone, well-substantiated decision and warning letter, depending on the complexity of the case. You pay for a legal review of the grounds, the correct choice between a wage freeze and a wage suspension, and a letter that stands up to scrutiny by the sub-district court judge. For an ongoing, disputed reintegration process requiring advice and correspondence, the costs increase. Below is an outline of what you receive, the process involved, and when engaging their services is worthwhile.
The short answer
- Standalone wage freeze letter: approximately 150 to 500 euros for drafting and legal review.
- Advice plus letter for a disputed process: often 500 to 1,500 euros, depending on correspondence and consultation.
- What you get: verification of the soil (Art. 7:629 paragraph 3 of the Dutch Civil Code), the appropriate measure, and a valid warning.
- Turnaround time: a single letter often within a few working days.
- When advisable: in case of dispute, conflicting advice, or impending dismissal.
Why having a wage freeze for reintegration drafted pays off
A wage freeze is one of the most contested measures in employment law. The reason is simple: if the measure is incorrect, the employee can claim the withheld wages retroactively, often increased by the statutory surcharge of up to fifty percent and with interest. Consequently, an error in the grounds, substantiation, or warning can quickly become more expensive than the cost of legal assistance.
A legal expert checks whether there is indeed a ground under Article 7:629 paragraph 3 of the Dutch Civil Code, whether the company doctor's advice supports that ground, and whether you are choosing the correct measure. The latter is more important than it seems: a wage freeze and a wage suspension are often confused, whereas with a suspension, wages must still be paid later (Article 7:629 paragraph 6 of the Dutch Civil Code), whereas with a wage freeze, they must not.
What you get for your money
A wage freeze drafted involves more than just a letter. The legal expert typically provides:
- File check. Is the chosen ground correct, and does it follow from the advice of the company doctor or occupational expert?
- Choice of measure. Wage freeze or wage suspension, tailored to the factual situation.
- Warning letter. With the grounds, a reasonable period for rectification, and the effective date, so that Article 7:629 paragraph 7 of the Dutch Civil Code is complied with.
- Litigation advice. What to do regarding an expert opinion from the UWV or a response from the employee or their representative.
- Next steps. How to restart payment as soon as the employee cooperates.
The key is that the file is in order before the measure takes effect. The employer must promote reintegration (Art. 7:658a BW) and the employee must cooperate (Art. 7:660a BW); a legal expert ensures that your decision fits within that framework.
The process step by step
- Intake. You submit the absenteeism file: the occupational physician's advice, the action plan, and the correspondence with the employee.
- Assessment. The legal expert assesses whether there is a valid basis and which measure is appropriate.
- Drafting. The warning and decision letter is drafted, including grounds, time limit, and effective date.
- Sending. You send the letter, preferably with proof, and note the response or lack thereof.
- Implementation. In the event of failure to cooperate, the wage freeze will take effect from the announced date.
- Aftercare. In the event of a dispute, an expert opinion or further correspondence may follow.
What the costs depend on
- Dispute. An undisputed refusal is inexpensive to handle; a disputed process with an authorized representative on the other side costs more.
- Recommendations. Contradictory or unclear recommendations from the company doctor require further assessment.
- Expert opinion. If an application is pending with the UWV, guidance is provided.
- Connection with dismissal. If the wage freeze becomes part of a dissolution file, that is a separate and more complex process.
Practical example
A cleaning company is uncertain whether the wages of a long-term sick employee may be suspended. The employee refuses the modified work advised by the company doctor but has engaged a lawyer who argues that the work is unsuitable. The employer has the case assessed. The legal expert determines that the company doctor's advice does not sufficiently substantiate the suitability of the work, advises requesting an expert opinion from the UWV first, and temporarily suspends the wage suspension. After the UWV confirms the suitability, the wage suspension is subsequently drawn up and applied correctly. The cost of the advice far outweighed the risk of a failed legal procedure.
Honest recommendation
For a clear and undisputed case, in which the company doctor has provided clear advice and the employee refuses without cause, you do not need to engage a legal expert. You can draft a well-substantiated warning letter with the correct grounds and timeframe yourself. However, have it done as soon as the employee disputes the incapacity for work or the suitability of the position, as soon as an authorized representative or lawyer becomes involved, in the event of conflicting medical opinions, or when the wage freeze could result in dismissal. In those cases, the investment in advice is almost always lower than the amount you would lose if the measure is overturned and you have to pay back wages with the statutory increase.
Read more: what is a wage freeze for reintegration and drafting a wage freeze for reintegration. Want to have it arranged immediately? Go to wage freeze for non-cooperation with reintegration.
Frequently Asked Questions
A standalone, well-substantiated wage freeze letter typically costs between 150 and 500 euros at an SME lawyer. If it concerns a contested process involving advice and correspondence, this rises to approximately 500 to 1,500 euros. The price depends primarily on the degree of contestation and the complexity of the case.
A separate warning and decision letter is often ready within a few working days, provided the file has been submitted completely. In the case of a disputed process or an ongoing expert opinion, it takes longer, because the substantiation and the response from the other party must first be awaited.
The absenteeism file: the occupational physician's advice, the action plan, the problem analysis, and the correspondence with the employee. The more complete the file, the faster and more accurately the legal expert can assess whether there are valid grounds for the wage suspension.
A standard letter often lacks the correct grounds, does not consciously choose between a wage freeze and a wage suspension, and fails to observe the duty to warn under Article 7:629, paragraph 7 of the Dutch Civil Code. If the measure is deficient in any of these respects, the employee can still claim the wages. Today's savings then become tomorrow's back payment.
The UWV then issues an assessment regarding, for example, the suitability of the work or the reintegration efforts. It is often advisable to await the outcome or to request an assessment yourself before proceeding with the wage freeze. A legal expert guides the application and the subsequent steps.
Yes. If an expert opinion or new advice indicates that the grounds are untenable, it is advisable to withdraw the measure and continue paying wages. Reversing the measure early prevents escalating back payments with statutory surcharges. A legal expert will assess whether proceeding or withdrawing poses the least risk.
No. A wage freeze is a temporary measure to enforce cooperation with reintegration; the employment relationship continues. Moreover, a prohibition on termination applies during the first two years of illness. Dismissal due to long-term non-cooperation with reintegration is a separate, more severe route with its own conditions.
