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What is a notice of wage suspension for failure to cooperate with reintegration? It is the written warning by which an employer informs a sick employee that wages will be (partially) suspended because the employee is failing to cooperate with their reintegration without good reason. The legal basis is found in Article 7:629, paragraph 3 of the Dutch Civil Code. A wage suspension is neither a punishment nor a dismissal; it is a means of pressure permitted by law as soon as a sick employee refuses to do what they are reasonably required to recover and return to work.
The short answer
- What: Written notification that wages are being stopped because the sick employee is not cooperating with reintegration (Art. 7:629 paragraph 3 of the Dutch Civil Code).
- Basis: no entitlement to wages for the period during which the employee refuses suitable work or reintegration obligations.
- Condition: provide a warning first. Without a clear warning, the wage freeze usually does not hold up.
- Difference: wage freeze (failure to participate in reintegration) is different from wage suspension (violation of control regulations).
- Relapse: in case of doubt regarding illness or suitability, the employee requests an expert opinion from the UWV.
What is a notice of wage freeze for non-cooperation with reintegration?
In principle, a sick employee is entitled to continued payment of wages (Article 7:629, paragraph 1 of the Dutch Civil Code). That right is not unconditional. Paragraph 3 stipulates that the employee is not entitled to wages for the period during which he refuses, without valid grounds, to perform suitable work, refuses to cooperate with reasonable instructions or measures, or fails to comply with a plan of action drawn up by the company doctor and the employer.
The notice is the document by which the employer makes this known. It records which reintegration obligation the employee has violated, since when, and as of the date on which wages cease. It is not a sanction within the meaning of dismissal law: the employment contract remains in effect, and as soon as the employee cooperates, the right to wages is revived.
Wage freeze or wage suspension?
These two are often confused, but they are based on different articles of law and have different consequences.
- Wage freeze (Art. 7:629 paragraph 3 of the Dutch Civil Code): the employee fails to cooperate with reintegration or refuses suitable work. For that period, there is definitively no wage. If the employee resumes cooperation, the wage freeze applies only to the elapsed period — he will not receive that wage back retroactively.
- Suspension of wages (Art. 7:629, paragraph 6 of the Dutch Civil Code): the employee fails to comply with control regulations, for example by failing to appear at the company doctor's appointment or being unreachable. Payment is temporarily suspended. As soon as the employee complies, the wages for that period must be paid in full.
The distinction is important. If an employer “suspends” wages while there is actually a refusal to cooperate, he must pay them later. If he chooses the wrong legal basis, a wage claim in court may still succeed.
The duty to warn
An employer may not simply stop paying wages. Article 7:629 paragraph 7 of the Dutch Civil Code obliges the employer to first warn the employee that a wage stoppage is imminent, specifically as soon as the employer knows that the employee is failing to fulfill their obligation. That warning must be specific: which action is expected, which time limit applies, and that wages will stop if the employee does not perform that action.
If the warning is missing, the wage freeze almost always fails in court. After all, the employee must be given the opportunity to rectify their behavior before the financial consequence takes effect. In practice, this is the main reason why a wage freeze fails: the employer acted too quickly or failed to record the warning.
The role of the company doctor and expert opinion
The determination that an employee is not cooperating relies heavily on the judgment of the company doctor. The doctor determines whether the offered work is suitable and whether the employee is capable of the reintegration activities. Without a recommendation from the company doctor that the employee is capable of more than he is currently doing, an employer is in a weak position.
If the employee disagrees with the position of the employer or the company doctor, he or she can request an expert opinion from the UWV. This opinion provides an independent assessment of whether the employee is reintegrating sufficiently or whether the offered work is suitable. The employer can also request such an opinion. The expert opinion is not binding, but carries significant weight in subsequent proceedings.
When is the notice used?
Typical situations in which an employer considers a wage freeze:
- The employee refuses suitable work deemed appropriate by the company doctor.
- The employee repeatedly fails to appear for appointments that are part of the reintegration process.
- The employee does not cooperate in the drafting or implementation of the action plan.
- The employee actively hinders or delays his recovery.
A brief example: an employee of a small installation company has been declared partially fit for administrative work but fails to show up for three weeks. The employer issues a written warning, sets a five-day deadline, and announces a wage suspension effective from the date the employee still fails to appear. If the employee eventually appears, wages resume from that moment — not retroactively.
Honest recommendation
A wage freeze is a powerful but risky instrument. The key lies in the sequence: first a recommendation from the company doctor, then a concrete written warning with a time limit, and only then the notification. Anyone who follows these steps correctly can often issue a simple wage freeze themselves — especially if the company doctor has made a clear assessment and the employee has demonstrably been warned. In those cases, you do not need a lawyer.
Do seek assistance as soon as the employee requests an expert opinion, disputes that the work is suitable, or threatens a wage claim. In such cases, it revolves around the correct legal basis (wage freeze versus suspension) and building a case file that will stand up in court.
Read more: drafting a notice of wage suspension and having a notice of wage suspension drafted. Arrange immediately: notice of wage suspension for non-cooperation with reintegration.
Frequently Asked Questions
It is the written warning that the wages of a sick employee will be stopped because he fails to cooperate with his reintegration without valid grounds or refuses suitable work. The legal basis is Article 7:629 paragraph 3 of the Dutch Civil Code. The employment contract remains in effect; it concerns only the wages for the period of refusal.
A wage freeze (Art. 7:629, paragraph 3 of the Dutch Civil Code) applies in the event of a refusal to cooperate with reintegration; no wages are definitively due for that period. A wage suspension (paragraph 6) applies in the event of a violation of control regulations; as soon as the employee complies, the wages for that period must be paid in full.
Yes. Article 7:629 paragraph 7 of the Dutch Civil Code requires the employer to first warn the employee that a wage freeze is imminent. The warning must be specific: what action is expected, within what timeframe, and that wages will cease if failure to act occurs. Without a warning, the wage freeze usually does not hold up in court.
The company doctor assesses whether the offered work is suitable and whether the employee is capable of the reintegration activities. Without advice from the company doctor that the employee is capable of more than he is currently doing, the employer is in a weak position. The advice serves as the factual basis for the wage freeze.
An expert opinion is an independent assessment by the UWV, for example regarding whether the employee is reintegrating sufficiently or whether the offered work is suitable. Both the employer and the employee can request it. It is not binding, but carries significant weight in subsequent proceedings.
This is not the case with a wage freeze. No wages are definitively due for the period during which the employee refused to cooperate. As soon as he cooperates, the right to wages is revived from that moment — not retroactively. The situation is different in the case of wage suspension: back payment does follow in that instance.
Yes. The employee can request an expert opinion and, if necessary, file a wage claim with the subdistrict court. The wage freeze often fails if the warning was missing, the legal basis was incorrectly chosen, or the company doctor's advice does not support the refusal.
