Your employer has stopped paying your salary. But is it a suspension or a full stop? The difference determines whether you get your money back — or lose it permanently.
Dutch employment law distinguishes between salary suspension (art. 7:629 paragraph 6 of the Dutch Civil Code) and salary stop (art. 7:629 paragraph 3). They sound similar, but the legal consequences are fundamentally different.
Salary suspension means your employer temporarily withholds your salary because you are not complying with control obligations — for example, not attending the company doctor or not being reachable. Once you comply, you receive all back pay including the suspension period.
Salary stop means your right to salary ceases entirely for a period. This happens when you refuse suitable work, obstruct your recovery, or fail to cooperate with reintegration. That money does not come back.
Applies when you fail to meet control obligations: not attending the company doctor, not being available at agreed times, not providing information needed to assess your entitlement to sick pay. The employer cannot verify your illness — so payment is paused until you cooperate.
Applies when you refuse suitable work that fits within your medical limitations, when you deliberately obstruct your recovery, or when you refuse to cooperate with a reasonable reintegration plan. Your entitlement to salary ceases entirely for the duration of non-compliance.
For both measures, the employer must first send a written warning specifying: what obligation you are not meeting, what you need to do, and what the consequence will be if you don't comply. Without this warning, the measure is procedurally vulnerable.
Many employers apply the wrong measure. A salary stop for missed control appointments, or a suspension for refusing suitable work — both are legally incorrect. If your employer uses the wrong legal ground, you can reclaim your salary plus the statutory increase of up to 50%.
Yes. That is the key difference. With a salary suspension, your employer withholds payment temporarily. Once you comply with the control obligations, you receive all back pay — including the period of suspension.
Technically, the law does not always explicitly require a warning for a salary stop. However, in practice, courts almost always expect a prior written warning with a reasonable deadline. Without one, the measure is legally vulnerable and you can challenge it.
Then the measure may be unlawful. You can reclaim your salary plus a statutory increase of up to 50%. At a net monthly salary of €2,500 and two months of wrongful measures, that adds up quickly.
Do not simply refuse. Respond in writing, explain why you believe the work exceeds your medical limitations, and refer to the company doctor's assessment. If the dispute continues, request a UWV expert opinion. That costs €100 and carries significant weight in court.
A timely legal review helps you choose practical next steps and avoid avoidable escalation.
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