Am I entitled to payment for work hours during pregnancy (therapeutic work)?
Questioner
Currently 32 weeks pregnant. My employer has reported me sick because I cannot perform the tasks that I normally do. I am currently working on a work therapy basis. Before my pregnancy, I was paid for my task hours. Since I am pregnant (and work therapy), I have not been paid for these anymore. Is this correct? Or am I entitled to the task hours? Collective Labor Agreement for Disabled CareLawyer
In principle, continued payment of wages relates to the salary that you would normally receive. This also includes, for example, a bonus or commission (Article 7:628 paragraph 3 BW). An example of the payment of commission can be found in the ruling below: https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:GHARL:2014:6969 In the collective labor agreement, sometimes something else can be arranged. In your collective labor agreement, on p.55 at the top, it says: 'the other structural wage components paid out. As such, the following apply in any case structural cash rewards for on-call services and irregular services' So you could argue that the task hours fall under this, which you would normally be entitled to. Please feel free to contact me via my profile if you have any questions or require legal assistance.Take the next step
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