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Drafting a notice of wage freeze for failure to cooperate 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?

Before drafting the notice, determine which form and basis are appropriate for the employee's situation.

Choice or question Why this matters legally
Wage freeze or wage suspension? If reintegration is refused, you generally opt for a wage freeze (no entitlement to wages), not a suspension; this distinction determines whether wages become due retroactively.
Which legal basis applies? You specify whether this concerns the refusal of suitable work, obstructing recovery, or failure to cooperate with the action plan; each ground requires its own substantiation.
Is there an occupational physician's recommendation? A substantiated opinion from the company doctor strengthens the notice; if this is lacking, the wage freeze is vulnerable during review.
Has the employee been warned? A wage freeze without prior, explicit warning often does not hold up; you document when and how the warning was given.
How is the communication going? You determine the method of dispatch and retain the proof of dispatch, so that the date of notification and receipt is not open to dispute.
Clauses and provisions

Which elements in a notice of wage freeze do not constitute cooperation with reintegration?

A valid notice is concrete and traceable. The following elements ensure that the employee knows exactly what he is accused of and what the consequences are.

Provision Relevant to Legal point of attention
Party details Always Full name of employer and employee, position, and date, so that the notification is unambiguously linked to the employment relationship.
Factual cause Always Concrete description of the reintegration obligation that the employee is failing to comply with, with dates and facts instead of general accusations.
Legal basis Always Reference to Article 7:629 paragraph 3 of the Dutch Civil Code and the relevant ground (refusal of suitable work, frustrating recovery, or failure to cooperate with the plan of action).
Prior warning Always Statement that the employee has previously been warned that wage suspension will follow if the refusal persists.
Effective date of wage freeze Always The date from which wages are no longer paid, so that the measure is verifiable and limited.
Recovery option Always Clear explanation that the employee will receive the salary again as soon as he fulfills his reintegration obligation.
Company doctor's referral If applicable Reference to the advice of the company doctor demonstrating that the employee is capable of the requested effort.
Signature and method of dispatch Always Dating, signature, and registered or verifiable dispatch, so that receipt is provable.
Use in practice

How do you use this document correctly?

The notification is the final step of a careful process. Use the document in the correct order and save your steps.

Situation What should you do? Point of attention
For shipping If necessary, request a current opinion from the company doctor Without substantiation that the employee can and must cooperate, the wage freeze lacks a factual basis.
Upon first failure to cooperate First send a written warning with a remediation period The law and case law require that the employee be given the opportunity to correct his behavior before wages stop.
In case of continued refusal Send the wage freeze notice verifiably and dated In this way, it is established from which date and on what grounds the salary was stopped.
After restoration of cooperation Resume wage payments from the moment of compliance and document this The wage freeze may not last longer than the refusal; continuation thereafter is unjustified.
Common mistakes

Common mistakes

A wage freeze usually fails not on the ground itself, but on the execution. Avoid these mistakes.

Wrong Consequence Better approach
No prior warning The wage freeze becomes invalid and the wages must still be paid First issue a written notice with a clear remediation period before you terminate.
Vague description of the accusation The employee is unable to defend himself, and the subdistrict court overturns the measure Describe specifically which obligation was not fulfilled and when.
Confusion between wage freeze and wage suspension Incorrect measure leads to unintended back payment of wages Deliberately opt for a wage freeze in the event of refusal of reintegration and state this explicitly.
No substantiation by the company doctor The factual basis is lacking and the wage freeze is challengeable Base the measure on a current assessment by the company doctor.
No proof of shipment Discussion regarding date and receipt undermines the file Send by registered mail or in a verifiable manner and keep the proof.
Risk profile

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

The correct approach depends on the type of refusal. Determine your situation and keep the corresponding point of attention in mind.

Risk profile Example Focus in the document
Refusal of suitable employment The employee rejects suitable work offered without a valid reason Document that the work is suitable and that the company doctor supports this.
Frustrating the recovery The employee hinders his recovery through his own behavior Substantiate with the occupational physician's assessment that the behavior delays recovery.
Failure to cooperate with the plan of action The employee fails to comply with the agreements in the action plan Refer to the specific agreements and the previous warning.
Doubt regarding incapacity for work Unclear whether the employee is justifiably absent First request an expert opinion from the UWV before proceeding with a wage freeze.
Additional documents

When is this document not enough?

A wage freeze does not resolve every situation. Sometimes an additional or different document is required.

Situation Supplementary document Why
The employment relationship is under structural pressure Employment contract In the case of recurring disputes, it helps to define the agreements and obligations more clearly in advance.
The employee does not repay outstanding amounts Debt collection Engage our debt collection agency to collect unjustly paid wages or other claims.
You want to have the absenteeism file legally reviewed Legal assistance In the event of a potential dismissal procedure or UWV process, personal legal advice is advisable.
Explanation of this document

Why draft a notice of wage freeze for non-cooperation with reintegration?

Not every entrepreneur knows exactly what notices of wage suspension for non-cooperation with reintegration entail, when they are needed, and which risks they must cover. Therefore, we explain below what this document entails, what to look out for, and why customized legal solutions are important.

What is a notice of wage freeze for non-cooperation with reintegration?
A wage suspension notice is a written communication from the employer to the sick employee in which the employer announces that they are ceasing wage payments because the employee refuses to cooperate with their reintegration without valid grounds. The wage suspension is a drastic sanction: the employee loses their right to wages for the period during which they fail to comply with their reintegration obligations, even if they cooperate later on. A correct notice is a legal requirement to validly invoke the wage suspension. Incorrect wording, the use of wrong terminology, or sending the notice too late renders the wage suspension invalid — with the consequence that the employer must pay the full wages retroactively. Our employment lawyers draft a legally correct wage suspension notice for you and guide you through the entire reintegration process — from the initial warning to the UWV expert opinion and any potential dismissal proceedings.
What is the difference between a wage freeze and a wage suspension?
This distinction is the most critical point in the entire procedure and is frequently made incorrectly in practice — with fatal consequences for the employer. A wage suspension pursuant to Article 7:629 paragraph 6 of the Dutch Civil Code is a temporary measure that the employer may apply if the employee fails to comply with the written control regulations — for example, by failing to appear before the company doctor. As soon as the employee cooperates, the employer must pay the suspended wages retroactively. The wage suspension is a means of pressure, not a definitive sanction. A wage freeze pursuant to Article 7:629 paragraph 3 of the Dutch Civil Code is a definitive sanction: the employee loses his right to wages for the period of non-cooperation and does not receive those wages back even if he cooperates later. If the employer uses the term "wage suspension" in the notice while intending a wage freeze, he has forfeited his right to a wage freeze and must make back payments. The judge holds the employer to his word.
In which cases may the employer impose a wage freeze?
A wage freeze is only possible in the cases exhaustively listed in Article 7:629 paragraph 3 of the Dutch Civil Code. The four cases relating to the failure to comply with reintegration obligations are: firstly, the employee hindering or delaying recovery, which concerns everything the employee is generally required to do or refrain from doing with a view to a speedy recovery. Secondly, refusing to perform suitable work without valid grounds, while the employee is capable of doing so. Thirdly, refusing without valid grounds to cooperate with reasonable instructions or measures provided by the employer or an expert designated by the employer aimed at performing suitable work. Fourthly, refusing without valid grounds to cooperate in the drafting, evaluation, or adjustment of an action plan. Outside these four cases — and the two other cases in Article 7:629 paragraph 3 of the Dutch Civil Code regarding intent and false information during a job application — a wage freeze is not possible. Our lawyers will assess for you whether the situation justifies a wage freeze before you send the notice.
What procedural requirements apply to a valid notice of a wage freeze?
A notice of a wage freeze must meet strict procedural requirements to have legal effect. First, the notice must without delay : the employer must inform the employee as soon as possible after the grounds for refusal arise, and in any case not wait until the usual wage payment date. A notice given too late renders the wage freeze invalid for the period prior to the notice. Second, the notice must in writing . Although the law does not strictly speaking impose a written requirement, an oral notice makes the employer's evidentiary position virtually untenable. Third, the notice must contain the correct terminology : the words "wage freeze" or "cessation of wage payments" must be used explicitly. Fourth, the notice must contain a clear description of the specific conduct of the employee that justifies the wage freeze — merely referring to articles of law is insufficient. Fifth, the employee must be informed of the possibility of requesting an expert opinion from the UWV. If any of these elements are missing, the employer runs the risk that the court will declare the wage freeze invalid.
Do you have to warn the employee first before announcing the wage freeze?
Yes. The employer may not immediately proceed to a wage freeze. The employee must have been given a reasonable opportunity to adjust their behavior. In practice, this means that the employer first sends a clear written warning—preferably a formal notice with a specific deadline for rectification—in which they indicate what behavior they expect from the employee and what sanction they will impose if the employee fails to comply. Only if the employee does not correct their behavior after that warning is the notice of a wage freeze appropriate. A wage freeze implemented too hastily without prior warning increases the likelihood that the court will rule that the employee had valid grounds for their refusal, and that the employer will be required to make back payments. Our lawyers will draft both the warning letter and the notice for you.
What is the role of the company doctor and the UWV in the event of a wage freeze?
The employer cannot personally assess whether an employee is incapacitated for work or capable of performing suitable work — that judgment is reserved for the company doctor. A wage freeze based on the employer's own assessment of the employee's capacity to work, without medical substantiation, is almost always unsuccessful in court. If the employer has imposed a wage sanction, he must inform the employee of the possibility of requesting an expert opinion from the UWV . The UWV then assesses whether the employee's reintegration efforts are sufficient and whether the refusal is justified or not. An unfavorable expert opinion significantly weakens the employer's position. If the UWV follows the employer's line, this actually strengthens his position in any potential wage recovery proceedings.
Can the employee challenge the wage freeze, and what are the risks for the employer?
Yes. The employee can challenge the wage freeze by initiating summary proceedings and claiming continued payment of wages. The judge then assesses whether the wage freeze meets all procedural requirements, whether the grounds for refusal were actually present, and whether the employee's refusal lacked valid grounds. If the notice of the wage freeze was given procedurally incorrectly—incorrect terminology, late notice, missing description of the conduct—the judge usually awards the employee's wage claim, including the statutory increase under Article 7:625 of the Dutch Civil Code of up to fifty percent on the wages paid late. For the employer, this represents double damage: the wages still to be paid plus the statutory increase plus legal costs. Prevention—a legally correct notice from the outset—is by far the cheapest strategy here.
What is the connection between the wage freeze and a potential dismissal due to refusal to participate in reintegration?
The wage freeze and a potential dismissal are two separate processes that can run concurrently. If the employee consistently refuses to cooperate with reintegration, the employer may initiate dismissal proceedings in addition to the wage freeze. In the case of dismissal due to refusal to cooperate with reintegration, the employer must first have exhausted all reasonable means to secure the employee's cooperation, and the UWV or the court must rule that the employee acted culpably. A well-documented reintegration file—containing all warnings, notices, occupational physician's advice, and UWV correspondence—is indispensable for this. From the very first day of the reintegration conflict, our lawyers build a file for you that can support both the wage freeze and any potential dismissal proceedings.
What are the most common mistakes made when imposing a wage freeze?
In practice, our employment lawyers repeatedly see the same mistakes made by employers. The most common is confusing a wage freeze and a wage suspension in the notice, resulting in the employer having to pay the unpaid wages retroactively. The second most common mistake is a notice issued too late, causing the wage freeze to take effect only on the date of the notice instead of at the moment of the refusal. The third mistake is an overly vague description of the culpable conduct — merely referring to articles of law is insufficient. The fourth mistake is failing to point out the possibility of an expert opinion from the UWV (Dutch Social Security Agency). And the fifth mistake is imposing a wage freeze without prior warning, resulting in the court ruling in the employee's favor. All these errors can be prevented by having the notice drafted by an employment lawyer.
How much does it cost to draft a wage freeze notice at MKBjuristen?
We work transparently and pragmatically. We draft a notice of wage suspension following a brief intake during which we assess your reintegration file and the specific grounds for refusal. Based on this, we prepare a notice that meets all procedural requirements and provides maximum protection for your position in any potential wage recovery proceedings. Contact us for a no-obligation cost estimate.
How does it work at MKBjuristen?
After a brief intake, our employment lawyers map out your reintegration file, the employee's conduct, and the advice of the company doctor. Based on this, we assess whether the situation justifies a wage freeze or a wage suspension, and we draft the correct notice using the appropriate terminology, a concrete description of the culpable conduct, and the mandatory reference to the UWV expert opinion. Have you already sent the notice and are you unsure about its legal validity? We will review it for you and advise you on the next steps to take. Is the employee threatening to initiate wage claim proceedings? Then we will assist you from initial defense to judgment.
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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A legal document only has value if it suits your practice. That is why we look not only at the text, but also at how you use the document in your business.

Common mistakes with legal documents

A legal document often seems simple, but small errors can have major consequences later on. In practice, we see that entrepreneurs run the greatest risk when a document does not align well with their business, agreements, or way of working.

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A legal document only prevents problems if it suits your situation. That is why we look not only at the text, but also at your company, agreements, and risks.

Why is a standard document often not enough?

Because a standard document does not take into account your industry, customers, risks, and specific agreements, important provisions may be missing or not align well with your practice.

Can I create a legal document myself using AI?

AI can assist in creating text, but does not independently assess whether the document is legally appropriate, complete, and usable for your business. Legal review therefore remains important.

When do I need to have my document checked?

Have your document checked if your business has changed, you have new customers or services, you have doubts about existing agreements, or the document has not been updated for a long time.

Will I also receive an explanation about the use of the document?

Yes. We explain how to use the document in practice, what to look out for, and which steps are important to prevent disputes afterwards.

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