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)
