The company doctor says you are not ill, yet the situation at work makes it impossible for you to do your job. In the Netherlands this is called situational incapacity for work (situatieve arbeidsongeschiktheid). What does it mean legally, and do you keep your right to wages?
You call in sick. Not because of the flu or a broken leg, but because the tension at work has become unbearable. A conflict with your manager, an unsafe atmosphere, a breach of trust. The company doctor examines you and says: "You are not ill in the medical sense." And still, you genuinely cannot return to that workplace.
That is exactly what situational incapacity for work is about: you are not medically incapacitated, but the circumstances at work make it impossible for you to perform the agreed work. No illness, but a real blockage.
The sting is in what happens next. The employer hears "not ill" and threatens to stop your salary. You hear "not ill" and assume you are entitled to nothing. Both conclusions are often wrong.
Your position depends on the cause of the conflict. Also read the broader pages about employer disputes illness and illness and workplace conflict.
The company doctor establishes no illness or medical limitation. Medically, you are "fit for work". That is why situational incapacity strictly falls outside the ordinary continued payment of wages during illness, and that makes the legal route different.
You cannot perform the agreed work because of (threatening) symptoms arising from the work situation, usually a workplace conflict or a disrupted working relationship. You may well be able to work elsewhere, but not for this employer under these circumstances.
With illness you receive 70% of your wages in principle (often topped up under the collective agreement). With situational incapacity it is not about illness, but about who is responsible for the conflict. That determines whether you keep your right to wages.
In the Mak/SGBO ruling (27 June 2008) the Supreme Court held that an employee with situational incapacity for work in principle keeps the right to wages under article 7:628 of the Dutch Civil Code, even without medical illness, if the inability to work has a cause that should reasonably be attributed to the employer. So "not ill" does not automatically mean "no wages".
That ruling sets three requirements: (1) you cannot reasonably be expected to resume work, (2) the cause should reasonably be attributed to the employer, and (3) you provide full cooperation with efforts to remove that cause. Meet these, and your position is strong.
Because legally this is not about illness but about an employer-related cause, the entitlement can be 100% of your wages rather than the 70% illness rate. There is legal debate on this between the Central Appeals Board and the Supreme Court. So have the applicable percentage calculated for your situation before accepting a lower amount.
Only the company doctor assesses whether there is a workplace conflict and how to handle it. The STECR guideline on Workplace Conflicts often recommends a short intervention period (one to two weeks) in which you do not have to work and the parties resolve the conflict, usually through mediation. Ask whether your company doctor follows this guideline.
Unlike during illness, situational incapacity for work carries no automatic dismissal ban, because no medical incapacity has been established. Your protection against dismissal is therefore weaker than during illness. That is exactly why it is important to have your position assessed before you take any steps or sign anything.
Document why you cannot work: the conflict, earlier complaints to HR, emails, meeting reports. For your right to wages it is decisive that the cause lies with the employer. A solid file makes that demonstrable.
Ask the company doctor to record the opinion "situational incapacity for work" and the advice (for example an intervention period or mediation) in writing. This is your most important piece of evidence towards the employer.
The third Mak/SGBO condition is your cooperation. In principle, agree to mediation or a conversation. Refusing without good reason can cost you your entitlement. If the employer fails to cooperate, that actually strengthens your position.
Are they stopping or cutting your salary? An employer cannot simply do that in cases of situational incapacity. Read how a salary stopped during sick leave works and the difference between a salary stop and salary suspension.
If you disagree with the company doctor or the employer, you can request a UWV expert opinion. This provides an independent assessment and can settle a wage dispute.
Situational incapacity is legally slippery: it turns on who is responsible for the conflict. A legal assessment determines whether you keep your right to wages and what the best strategy is: returning or leaving with an arrangement.
"The company doctor writes that I am not ill. My employer says I should just come to work, otherwise the salary stops."
"Not ill" does not automatically mean "work or no money". If the cause of the inability to work lies with the employer, you keep your right to wages under Mak/SGBO. Have the company doctor's opinion recorded and the pay slip assessed before you agree.
"I dread sitting down with my manager. But I do not want to lose my salary."
Cooperating with the solution is a condition for keeping your wages. Refusing without good reason can cost you your entitlement. If it is the employer who fails to cooperate with mediation, that strengthens your position. The timing and conditions matter greatly.
"I feel the company doctor is taking my employer's side. I do not feel heard."
You can have the opinion reviewed. Request a second opinion from another company doctor or a UWV expert opinion. An independent assessment can break the deadlock.
"The breach of trust is too great. I want to leave, but with a decent arrangement."
Situational incapacity often ends in a termination by mutual consent. Because the conflict lies with the employer, an arrangement that preserves your right to unemployment benefits (WW) is often achievable. Note: the illness dismissal ban does not automatically apply here. Have a settlement agreement assessed before you sign.
Situational incapacity for work is one of the trickiest situations in Dutch employment law. You are not ill, yet you cannot work, and your employer uses that "not ill" to put pressure on your salary. The difference between keeping your right to wages and being left empty-handed lies in the cause of the conflict and in taking the right steps.
MediRights tests your situation against the conditions of the Mak/SGBO ruling, assesses whether the cause should be attributed to the employer, and ensures your salary continues. We guide the communication with the company doctor and employer and monitor the intervention period and mediation.
Whether you want to return under better conditions or leave with a proper arrangement, we determine the strategy and execute it, so you can focus on your recovery.
With situational incapacity for work, your right to wages stands or falls with the right approach. Have your situation assessed and discover your options.
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