Legal right to wages and wage suspension | Legal aid centre
Questioner
My employer has imposed a wage suspension on me because I requested an expert opinion from the UWV. Due to medical reasons I am currently unable to work. This wage suspension includes 2 weeks of vacation that I have taken. Am I legally entitled to my salary for these 2 weeks of vacation? (despite the fact that these 2 weeks fall within the period of the wage suspension)Lawyer
When an employer imposes a suspension, he will often take the position that the employee has only himself to blame. The employee's salary is therefore often withheld. Unfortunately for the employer, this is not right. Whatever the employee has done that results in the suspension: the time that the employee is at home due to a suspension must simply be paid. Salary deductions due to illness also occur frequently and are sometimes permitted. 30% of the salary may be deducted for the first year of illness, but the salary to be paid must be at least the minimum wage. 30% of the salary may also be deducted for the second year. The requirement for the remaining amount does not apply in that case. The above rules are often deviated from in the collective labour agreement with the rule that there is a right to 100% of the salary in the first year. The entire salary may be withheld if, among other things, the employee deliberately caused the illness, if he hinders recovery or if he does not accept suitable work.Questioner
Thank you for your response. I have requested an expert opinion for medical reasons. According to the company doctor I could work 2 hours a day. I believe that for medical reasons I cannot do this and that the work offered is not suitable. The employer will take the position that the work offered is suitable. Do I have a chance to reclaim my salary for the period of the wage suspension? I am currently still awaiting the outcome of the expert opinion.Lawyer
As long as there is no result from the company doctor, no conclusions can be drawn. So you can reclaim the wages. If you wish, you can contact me directly by private message.Neem de volgende stap
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