Can sick leave be included in an annual salary increase?

Questioner

I have been sick more this year and last year than normal, say 4 months spread over various sick leave, surgery, pneumonia etc. Now I got a pay rise because my work is simply good and clients are satisfied (I am seconded as an interim assistant) and am employed, but I was told that the pay rise is lower than that of colleagues, because they looked at my sick leave. Personally I think this is very unfair, but is this allowed?

Lawyer

Employers are generally not allowed to take sickness absence into account when calculating a salary increase. According to the Equal Treatment of Chronically Ill and Disabled Persons Act (WGBH/CZ), it is prohibited to discriminate in terms of employment conditions on the grounds of illness. This also includes remuneration. The General Equal Treatment Act (AWGB) also stipulates that illness may not be used as a criterion in salary negotiations or salary increases. The pay rise should be based on the quality of your work and your performance in the role you have, and not on your health situation. Besides being unfair, it can also be seen as discrimination based on health status, which is prohibited under Dutch law. It is wise to have this conversation with your employer and, if necessary, consult a lawyer or attorney if the problem persists. This advice is only intended to give you a general idea of ​​your rights. The specific circumstances of your situation can make a difference, so it would be wise to seek legal advice if you have any concerns. --------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.