What Is a Wage Sanction?
A wage sanction is a measure by the UWV (Employee Insurance Agency) requiring the employer to continue paying the salary of a sick employee beyond the usual two years. The wage sanction is imposed when the UWV determines that the employer has made insufficient reintegration efforts during the first two years of illness (Article 25, paragraph 9, WIA).
When Does the UWV Impose a Wage Sanction?
The UWV assesses at the time of the WIA application (after 88 weeks of illness) whether the employer has fulfilled their reintegration obligations. A wage sanction may be imposed if:
- No adequate Plan of Action has been drawn up
- The reintegration report is incomplete
- The employer has not initiated a second track (reintegration with another employer)
- The occupational health physician was not consulted in time
- Suitable work was not offered while this was possible
Duration and Amount of the Wage Sanction
The wage sanction lasts a maximum of 52 weeks. During this period, the employer must continue to pay at least 70% of the salary. The employer can shorten the wage sanction by still rectifying the identified shortcomings. Once the UWV determines that the shortcomings have been rectified, the wage sanction ends.
Consequences for the Employee
For the employee, a wage sanction means that the employment contract and the obligation to continue paying wages are extended. You retain your salary and the prohibition on dismissal during illness remains in effect. Your WIA application will only be assessed after the wage sanction period has ended. This can be both an advantage and a disadvantage, depending on your recovery prospects.
Objection to the Wage Sanction
The employer can file an objection against the wage sanction with the UWV within six weeks. The employee can also file an objection if the UWV decides not to impose a wage sanction even though the employer fell short. Arslan Advocaten advises and represents both employees and employers in wage sanction cases.