You are ill and your employer expects you to cooperate with reintegration. But what exactly do you have to do? And when can you say no?
As an employee, you are required to cooperate reasonably with your reintegration during illness (art. 7:660a Dutch Civil Code). That means: attending the company doctor's consultation, participating in a plan of action, performing suitable work if you are able to, and informing your employer about your recovery. In return, you have the right to continued salary payment (art. 7:629 Dutch Civil Code).
But "cooperating" is not the same as "accepting everything". Your employer's instructions must be reasonable, fit your medical capacity and align with the company doctor's advice. An employer who forces you to do work that exceeds your limitations, or who misuses monitoring rules as a pressure tool, is not acting in accordance with the law.
You must actively participate in your return to work: follow the plan of action, attend evaluation meetings and perform suitable work if the company doctor advises it. "Suitable" means: work that fits your limitations, not necessarily your own role.
You are required to attend the company doctor's consultations. If you cannot attend, report this in advance with a valid reason. Repeatedly failing to attend without reason can lead to salary suspension.
You must inform your employer about your expected recovery period and what you can do. But you do not need to share medical details — no diagnosis, no medication, no treatment plan. That boundary lies with the company doctor.
Reasonable monitoring rules — such as being reachable at certain times or filling in an absence form — must be followed. But the rules may not be disproportionate or violate your privacy.
Set monitoring rules: yes, if reasonable. Think of: being reachable on working days, filling in an absence form, attending consultations. Not reasonable: calling daily, unannounced home visits without prior arrangement, or requiring you to stay at home.
Offer suitable work: yes, if it fits the company doctor's advice. The employer may offer work that differs from your own role, as long as it falls within your capacity. If in doubt whether it is suitable, request a UWV expert opinion (€100).
Ask about your diagnosis: no. The employer may ask what you can do and when you expect to recover, but not what is wrong with you. The company doctor is the only one who processes medical information and translates it into functional limitations.
Stop or suspend salary: yes, but only under strict conditions. Salary suspension (art. 7:629 paragraph 6 Dutch Civil Code) for not complying with monitoring rules. Salary stop (art. 7:629 paragraph 3 Dutch Civil Code) for refusing suitable work or obstructing recovery. In both cases, the employer must first warn you in writing.
Require track 2: yes, if track 2 is demonstrably necessary and fits your capacity. Not if track 1 has not been seriously explored or if the company doctor does not yet consider external activities appropriate.
Dismiss you for non-cooperation: not just like that. Dismissal during illness is in principle prohibited. But in cases of repeated, demonstrable and culpable refusal to cooperate, the employer can request dissolution through the subdistrict court. That is a high threshold.
The difference between salary stop and salary suspension is legally crucial. With a salary suspension, your salary is temporarily withheld until you comply with monitoring rules. Once you do comply, you receive the salary retroactively. With a salary stop, your right to salary lapses for the period you did not cooperate — that money does not come back.
In both cases, the employer must first warn you in writing and give you a reasonable period to comply. An employer who stops salary without warning is acting in breach of the law. You can then file a salary claim, including the statutory increase of up to 50% (art. 7:625 Dutch Civil Code).
In a disagreement about suitable work, the UWV expert opinion is an important instrument. For €100, UWV provides an independent assessment of whether the offered work is suitable and whether you are cooperating sufficiently. That opinion is not binding, but carries significant weight in court proceedings.
Not unconditionally. The work must fit your medical limitations as established by the company doctor. If you doubt whether the offered work is suitable, do not silently accept it and do not refuse without explanation either. Respond in writing, explain your objection, and request a UWV expert opinion if necessary.
Yes, if you do not substantiate your doubt concretely and promptly. "I don't think I can manage it" without further explanation is insufficient. Explain what you cannot do and why, and refer to the company doctor's assessment. Written, substantiated doubt is legally very different from silently not showing up.
Verbal consultation is fine for day-to-day matters. But as soon as tension arises about your obligations, written documentation is essential. In a conflict, what can be proven counts — and an email carries more weight than a memory of a conversation.
The company doctor establishes your capacity. The employer offers work that fits within it. In a disagreement, the UWV expert opinion can provide clarity. Ultimately, it is the subdistrict court that decides if the conflict is not resolved — but that is a last resort you want to avoid.
MediRights supports employees with concrete employment law cases involving illness, work and reintegration.
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