Two questions about my employment contract
Questioner
1. Can the employer stop paying the salary before the expert opinion of the UWV (sick employee or not)? According to which law and article number? 2. May an occupational health and safety service make a decision about a sick employee without prior investigation (only after a conversation with the employee?). Employee complains about stress, among other things, and the occupational health and safety service has not conducted an investigation. Thank you in advanceLawyer
1. Dutch law stipulates that the employer has the obligation to continue paying the wages of an incapacitated employee. This is described in article 7:629 of the Civil Code. In principle, the employer is obliged to continue paying at least 70% of the wages for a maximum of 104 weeks. This also applies to the period in which the continued payment of wages is pending an expert opinion from the UWV. The employer cannot simply decide to stop paying wages without a justified reason. 2. The role and responsibilities of an occupational health and safety service are also laid down in law. This states that the occupational health and safety service has the duty to examine an employee if there are doubts about the incapacity for work. This is stated in the Working Conditions Act. A conversation with the employee alone is not sufficient to make a decision about the incapacity for work. On the other hand, an in-depth medical examination is not always necessary if the complaints are sufficiently clear. In your communication about stress, it sounds like circumstances that definitely need to be investigated. The occupational health and safety service may therefore not make a decision without any investigation. I advise you to contact a lawyer or attorney to find out exactly what your rights are in these situations.Neem de volgende stap
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