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Wage Continuation Period in Amsterdam

Wage Continuation Period Amsterdam: 104 weeks 70% wages during illness. Rights, obligations and tips for Amsterdammers. Help via Juridisch Loket. (112 chars)

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Wage Continuation Period in Amsterdam

The wage continuation period requires employers in Amsterdam to continue paying wages for a maximum of 104 weeks to sick employees. This provides financial protection for Amsterdammers and promotes reintegration into the city's vibrant labor market. After completion, a WIA assessment by the UWV usually follows.

What does the wage continuation period mean for Amsterdammers?

If you fall ill in Amsterdam, as an employee you are entitled to continued wage payment by your employer for a maximum of two years (104 weeks). This arrangement prevents income loss and encourages your return to work, for example in hospitality or creative businesses in the city. The employer not only continues payment but also actively supports your recovery.

This law applies to all Amsterdam employees with an employment contract, unless a collective bargaining agreement (CBA) provides otherwise. Self-employed individuals (ZZP'ers), common in Amsterdam, must arrange sickness coverage themselves through insurance.

Legal basis

The core provision is in Article 7:629 of the Dutch Civil Code (DCC): employers in Amsterdam must continue paying wages during illness, unless the employee is at fault. The cost of illness falls on the employer.

Additional rules:

  • Article 7:630 DCC: Specifies the exact wage components.
  • Gatekeeper Improvement Act: Requires reintegration efforts, such as an Action Plan.
  • Article 7:658a DCC: Penalties for non-compliance, such as wage suspension or dismissal.

CBAs in Amsterdam sectors may offer more, but never less than the law requires. Check your CBA for local arrangements.

Duration and amount of continued payment

The 104 weeks are divided into two phases:

PhaseDurationWage percentageMinimum
First year52 weeksAt least 70% of daily wage70% of wage on day before illness, not below minimum wage
Second year52 weeksAt least 70%, often higher under CBAOften 70-90%, depending on CBA

The daily wage is calculated over the previous year, including holiday pay. Holiday days do not count.

What does not count toward the 104 weeks?

Maternity leave pauses the clock; probationary periods or dismissal do not.

Rights and obligations of employer and employee in Amsterdam

For the employee

  • Right to wages: Full amount as per law/CBA.
  • Right to assistance: Consultations with occupational physician and reintegration support.
  • Obligations: Report illness within 24 hours, cooperate, accept suitable work.

For the employer

  • Right to verification: Assess illness via occupational health service.
  • Obligations: Handle report immediately, Action Plan within 8 weeks, notify UWV for prolonged absence.

In case of violation: approach the subdistrict court of the District Court of Amsterdam. Employers risk UWV back payments up to 70% Sickness Benefits Act.

Examples from Amsterdam practice

Example 1: Jan from the Jordaan, with burnout from January 1, earns €3,000 gross. Employer (hospitality company) pays 70% (€2,100) in first and second year. After 104 weeks, WGA via UWV.

Example 2: Marie in Oost refuses job at railway company. Employer suspends wages (Art. 7:629 DCC). Court orders resumption.

Example 3: Short flu: full payment, counts toward period.

After the wage continuation period?

From week 91, employer notifies UWV for WIA assessment: IVA, WGA, or none. See also WIA: WGA and IVA.

Frequently asked questions

How quickly to report illness in Amsterdam?

Immediately, max. 1 day. Follow contract rules to avoid suspension.

Can employer shorten the period?

No, minimum 104 weeks. CBA may adjust, not shorten, unless non-cooperation.

Dismissal during illness?

Prohibited first 2 years (Art. 7:670 DCC). After 104 weeks possible with severance. To District Court of Amsterdam.

Temporary contracts?

Yes, until end. Then Sickness Benefits via UWV.

Tips for Amsterdammers

  1. Report illness in writing immediately.
  2. Keep all occupational health service documents.
  3. Cooperate in reintegration for suitable work in the city.
  4. Check payslips for daily wage.
  5. For issues: Juridisch Loket Amsterdam for free advice or Legal Aid.