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Drafting a wage freeze in the context of non-cooperation withreintegration

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The founders of MKB Juristen

Our organization consists of several small teams working within various legal fields. Each legal field has its own senior in-house counsel and/or lawyers.

Denian Wielhouwer

Corporate lawyer in corporate law & business expert

Denian Wielhouwer

Annelore Hendriks

Corporate lawyer, corporate law, administrative law

Annelore Hendriks

Ilja van Driel

Corporate law attorney, employment law

Ilja van Driel

Jaime Boogaers

Corporate law, ICT & privacy law, energy law attorney

Jaime Boogaers
Custom choices

Which choices determine the content?

The appropriate measure depends on the nature of the default. Consider the following factors in advance, as an incorrect basis renders the measure challengeable.

Choice or question Why this matters legally
Does this concern a control order or reintegration? Wage suspension is appropriate in the event of violated control regulations; a wage freeze is appropriate in the event of refusal of reintegration or suitable work. The difference determines whether the wages must be paid retroactively.
Is there independent substantiation? A recommendation from the company doctor or an expert opinion from the UWV significantly strengthens your position. Determine whether you already have this or still need to apply for it.
Was the employee warned in advance? A wage freeze may only take effect after the employee has been warned that the measure will follow if he continues to refuse. Without a warning, the measure may be overturned.
Which part of the salary do you stop? You can stop the full salary or a part of it, depending on the extent to which the employee is uncooperative. Specify the chosen amount.
How do you communicate the resumption? Determine in advance under what conditions and from what date wage payments will be resumed as soon as the employee cooperates.
Clauses and provisions

Which elements are included in a wage freeze in the context of non-cooperation with reintegration?

A wage freeze will only hold up if the grounds, the warning, and the consequences are clearly and verifiably documented. The components below together constitute a substantiation that you can submit in the event of a dispute or to the UWV.

Provision Relevant to Legal point of attention
Employer and employee details Always Full name, address, and job title details and the personnel number, so that it is clear to which employment relationship the measure relates.
Description of the reintegration obligation Always Concrete description of what the employee should have done, for example, performing suitable work, attending the company doctor's consultation, or cooperating with an action plan.
Factual account of the non-cooperation Always Date, place, and nature of the absence, with reference to the advice of the company doctor or an expert opinion from the UWV.
Prior warning Always Statement that the employee has been warned in writing and given the opportunity to still cooperate before the wage freeze takes effect.
Choice: wage suspension or wage freeze Always Distinction between suspension (control regulations violated) and termination (reintegration refused), with the correct legal basis.
Effective date and scope Always The date from which and the part of the salary to which the measure applies, plus the condition under which payment is resumed.
Recovery option Recommended Explanation that the employee can restore wage payment by cooperating with the reintegration process after all.
Signature and dispatch Always Date, signature on behalf of the employer, and verifiable dispatch (registered mail or with acknowledgment of receipt).
Use in practice

How do you use this document correctly?

A wage freeze is a drastic measure that must be implemented with care. Follow the steps below to make the measure sustainable.

Situation What should you do? Point of attention
In case of doubt regarding the absence First, request advice from the company doctor or an expert opinion from the UWV An independent judgment substantiates that the employee is indeed not cooperating.
Before the wage freeze First send a written warning with a final chance In principle, a wage freeze is not permitted without prior warning.
Upon imposition Send the letter by registered mail or with acknowledgment of receipt You can then demonstrate that and when the employee received the measure.
After restoration of cooperation Confirm the resumption of salary payments in writing Prevents ambiguity regarding the period for which wages are due again.
Common mistakes

Common mistakes

Wage freezes are often overturned by the court due to procedural errors. Pay particular attention to the following pitfalls.

Wrong Consequence Better approach
No prior warning given The wage freeze is being challenged, and the employer must pay after all Always send a written warning first, including a deadline for rectification.
Wage suspension and wage freeze are confusing Incorrect basis resulting in wages being due retroactively Choose consciously between suspension under control regulations and termination in case of refusal of reintegration.
No independent substantiation The employee disputes that he did not cooperate, and you are left empty-handed Substantiate with the advice of the company doctor or an expert opinion from the UWV.
Communicating too late or unclearly Uncertainty regarding the effective date and scope of the measure State a specific start date, scope, and resumption condition.
Stopping salary for an excessive period Right to back payment with statutory surcharge and interest Limit the measure to the period during which the employee demonstrably failed to cooperate.
Risk profile

What is your situation and what do you pay attention to?

The approach varies depending on the situation. Determine which scenario applies to you and where your attention should be directed.

Risk profile Example Focus in the document
Employee fails to appear at the company doctor's appointment The employee does not respond to calls for the consultation hour This is usually a control regulation: wage suspension is the appropriate measure here.
Employee refuses suitable work The company doctor deems the employee fit, but he does not perform the work This justifies a wage freeze; properly document the company doctor's advice.
Employee is not cooperating with action plan The employee obstructs the drafting or implementation of the reintegration plan Document every refusal and send a warning first.
Employee disputes disability assessment Disagreement regarding the degree of suitability Request an expert opinion from the UWV before imposing the wage freeze.
Additional documents

When is this document not enough?

A wage freeze rarely stands alone. In the following situations, you will need additional documents or legal support.

Situation Supplementary document Why
Situation Related document Explanation
The agreements regarding wages and obligations are not properly formalized Employment contract A clear employment contract makes it easier to prove failure to fulfill obligations.
The conflict is escalating and you are considering termination Legal assistance In the event of impending dismissal or dissolution, personal legal advice is indispensable.
The employee does not repay a claim or advance Debt collection A debt collection process is the appropriate route for collecting outstanding amounts.
Explanation of this document

Drafting a wage freeze in the context of non-cooperation with reintegration: why?

Not every entrepreneur knows exactly what a wage freeze in the context of non-cooperation with reintegration entails, when you need them, and which risks they must cover. Therefore, we explain below what this document entails, what you should look out for, and why customized legal solutions are important.

What is a wage freeze for non-cooperation with reintegration?
A wage freeze in the context of non-cooperation with reintegration is the measure whereby the employer temporarily suspends the payment of wages because the sick employee fails to comply with their reintegration obligations. Pursuant to Article 7:629 paragraph 3 sub c of the Dutch Civil Code, the employer may suspend the obligation to continue paying wages if the employee refuses to cooperate with reintegration activities without valid grounds. The wage freeze is a drastic instrument: the employee loses their income, but the employer risks an unjustified application leading to wage recovery proceedings. A correctly substantiated wage freeze letter forms the legal foundation of the measure. Our lawyers draft wage freeze letters for employers that correctly describe the reintegration obligation, clearly justify the basis for the wage freeze, and follow the procedural step-by-step plan required by the court and the UWV (Dutch Social Security Agency).
What conditions must the wage freeze meet?
A wage freeze due to non-cooperation with reintegration is only legally valid if a number of cumulative conditions are met. The employer must have specifically summoned for a reintegration activity — a meeting with the company doctor, participation in a reintegration program, or suitable work. The employee must have refused this activity without valid grounds: illness as a reason for non-appearance is only not a valid ground if the company doctor has determined that the employee is capable of doing so. The employer must have warned the employee in writing that the refusal will lead to a wage freeze. Furthermore, the wage freeze takes effect after the warning has expired and the employee still does not cooperate. Our lawyers compile the complete file — summons letter, warning letter, wage freeze letter — that legally substantiates the measure.
How do you distinguish a wage freeze from a wage suspension?
In practice, the terms wage freeze and wage suspension are used interchangeably, but they have different legal bases. A wage suspension pursuant to Article 7:629 paragraph 6 of the Dutch Civil Code is the measure the employer can take if the employee fails to comply with their monitoring or information obligations—they do not appear at the company doctor's consultation, or they fail to provide information regarding their reintegration possibilities. With a wage suspension, wages are temporarily withheld until the employee cooperates; upon recovery, the outstanding wages are paid. With a wage freeze pursuant to Article 7:629 paragraph 3 of the Dutch Civil Code, wages are permanently withheld for the period of non-cooperation. Your wage freeze letter must state the correct legal basis to be upheld by the court later. Our lawyers ensure the correct classification.
How does it work at MKBjuristen?
After a brief intake regarding the reintegration file, the activities the employee refuses, and the advice of the company doctor, our lawyers will draft the complete wage suspension documentation : the call-up letter, the warning letter, and the wage suspension letter, which legally substantiates the measure and withstands judicial and UWV review.
Are you unsure whether your document is legally correct? We would be happy to assess the sensible course of action: drafting, reviewing, or amending.
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