Understanding the Reintegration Framework
Dutch sick leave law places extensive obligations on both employer and employee. Under the Wet verbetering poortwachter (Gatekeeper Improvement Act), a sick employee must actively cooperate with their reintegration into work. When an employee refuses to cooperate, you have legal tools to address this, but the process requires careful, documented steps.
Non-cooperation can take many forms: refusing to visit the company doctor (bedrijfsarts), declining suitable alternative work, not responding to communications, ignoring the reintegration plan, or providing inconsistent information about their condition.
Step-by-Step Response to Non-Cooperation
Before using sanctions, you must follow a structured escalation process:
- Step 1: Informal conversation. Discuss the issue directly. Often, non-cooperation stems from fear, miscommunication, or genuine disagreement about fitness for work. Document the conversation in writing
- Step 2: Company doctor assessment. Request a bedrijfsarts evaluation of the employee's abilities and limitations. The doctor provides a medisch advies (medical advice) on what the employee can reasonably be expected to do
- Step 3: Written warning. If the employee disregards the company doctor's advice, send a formal written warning. Clearly state which reintegration obligation they're violating and what will happen if non-cooperation continues
- Step 4: Wage suspension. Under Article 7:629 lid 3 BW, you may suspend salary payments if the employee refuses to cooperate with reintegration. You must give written advance notice before implementing this, specifying the reason
- Step 5: Wage cessation vs. suspension. There's an important legal distinction: suspension (opschorting) means you withhold pay that becomes due when the employee cooperates. Cessation (stopzetting) means the employee permanently loses the right to pay for the non-cooperation period
The Deskundigenoordeel (Expert Opinion)
When there's disagreement about the employee's ability to work, either party can request a deskundigenoordeel from UWV. This is an independent second opinion that carries significant weight:
- The employee may request one if they disagree with the company doctor's assessment
- The employer may request one to strengthen their position before implementing wage sanctions
- Courts view the deskundigenoordeel as critical evidence. Acting without one (when available) weakens your position significantly
Dismissal for Persistent Non-Cooperation
If sanctions fail and the employee continues to refuse cooperation, dismissal becomes an option:
- Via kantonrechter: Request contract dissolution based on the employee's failure to cooperate with reasonable reintegration requirements
- Evidence required: Documentation of the entire escalation process, company doctor reports, warnings, wage measures taken, and deskundigenoordeel (if obtained)
- Transition payment: Courts may deny or reduce the transition payment if the employee's non-cooperation constitutes "seriously culpable conduct" (ernstig verwijtbaar handelen)
