Your employer has stopped or suspended your salary while you are ill. A drastic measure that is often not lawful. A salary stop is subject to strict conditions and is regularly applied unjustly.
You are sick. And then you receive word from your employer: your salary is being stopped. Perhaps because you did not go to the company doctor. Or because your employer thinks you are not cooperating with reintegration. Or simply as a pressure tactic to get you to return faster.
Losing your income while you are sick is stressful and can seriously hinder your recovery. Bills pile up, pressure increases. And meanwhile, you wonder: is this even allowed?
The answer: a salary stop or suspension is subject to strict conditions. Employers regularly apply these measures unjustly, or make procedural errors. In those cases, you are entitled to your full salary, often with a statutory increase.
It is therefore crucial to know whether the salary stop is lawful, and what you can do if it is not.
These are two different measures with different legal consequences. Employers regularly confuse them, with far-reaching consequences.
Note: if your employer writes "salary suspension" but actually means a salary stop, this can affect the validity of the sanction. The correct terminology is legally very important.
If you refuse suitable work without good reason that the company doctor considers appropriate, your employer can stop your salary. But the work must actually be suitable.
If you actively hinder your reintegration or refuse to cooperate with the action plan, this can be grounds for a salary stop. But "recovering too slowly" is not a refusal.
If you actively engage in behavior that hinders your recovery, this can be grounds. This must be medically demonstrable and contrary to the company doctor's advice.
If you submit a WIA application too late or not at all without good reason, this can lead to a salary stop. The WIA application must be submitted by week 91 at the latest.
Your employer must first warn you in writing that a salary stop is being considered. You must be given a second chance to adjust your behavior. Only then may the salary stop be imposed.
The employer must clearly communicate which measure is being imposed (salary stop or suspension) and on what grounds. Unclear communication can invalidate the sanction.
There must be legal grounds as specified in Article 7:629 of the Dutch Civil Code. "Your employer does not believe you are sick" is not legal grounds for a salary stop.
"My employer has stopped my salary without warning me in advance."
This is in principle not permitted. Your employer must first warn you in writing and give you a second chance. A salary stop without prior warning is generally not legally valid, unless there is evident refusal.
"My employer writes that my salary is being 'suspended', but verbally says I will not get it back."
The written notification is leading. If it says "suspension," the salary must still be paid once you meet the obligations. The employer can still impose a salary stop through a new, correct procedure.
"My employer is imposing a salary stop because I am not working, but no suitable work has been offered."
You can only refuse suitable work if it exists. If your employer does not offer suitable work, you cannot be punished for not performing it. This salary stop is not legally valid.
"My employer threatens salary stop if I do not reintegrate faster. But the company doctor says I should maintain the current pace."
The company doctor's advice carries significant weight. If you follow the pace the company doctor prescribes, a salary stop is generally not justified. Only in case of other culpable behavior may this be different.
Ask your employer in writing for the exact reason and legal basis for the salary stop. Keep this document carefully.
Was there a prior written warning? Is it specific enough? Is the correct measure (salary stop/suspension) stated? If not, the sanction may be invalid.
Discuss the situation with the company doctor. If they confirm you are cooperating with reintegration, that is important evidence against an unjust salary stop.
Request an expert opinion from the UWV about your reintegration efforts. This costs 100 euros and can strengthen your position if the UWV rules that you are cooperating. The outcome and timing are decisive for the effect.
Dispute the salary stop in writing and state why you believe it is unjust. Request resumption of salary payment.
For an unjust salary stop, you can reclaim back pay, often with a statutory increase of up to 50%. Legal guidance is then wise.
If the salary stop turns out to be unjust, you are entitled not only to your back pay, but also to a statutory increase.
The statutory increase for late payment of wages can amount to 50% of the outstanding amount. This is intended to discourage employers from unjustly withholding salary.
On top of that comes statutory interest on the outstanding amount. The longer the salary stop unjustly lasts, the higher the total claim.
The court determines the amount of the statutory increase. In case of serious employer errors, the increase may be higher, but the court regularly moderates it.
A salary stop during illness hits you hard. Your income falls away while you need rest to recover. The stress can worsen your symptoms.
MediRights assesses whether the salary stop is lawful. We analyze your employer's communication, check whether all legal conditions have been met, and determine whether procedural errors have been made.
If the salary stop is unjust, we draft a demand letter and reclaim the back pay with statutory increase. Where necessary, we guide proceedings at the subdistrict court.
The goal: get your salary back and ensure your employer respects the right to salary during illness. So you can focus on your recovery.
Have it assessed immediately whether the salary stop is lawful. Often, reclaiming with statutory increase is possible.
Contact us