Waiting Days in Wage Payment in Amsterdam
In Amsterdam, waiting days in wage payment refer to the first days of sick leave on which employers do not have to continue paying wages. By default, these are two days under Dutch law, but collective labor agreements (CAOs) or contracts in the region can modify this. This article explains the rules within labor law, with tips for Amsterdam residents, as a follow-up to our piece on continued wage payment during illness. For personal advice, contact the Legal Aid Office Amsterdam.
What are waiting days in practice?
Waiting days are the initial period of illness where an employee in Amsterdam does not receive wages from their employer. This helps prevent abuse and protects local employers, such as those in the vibrant hospitality or creative sectors of the city. The law provides for two days, but CAOs for Amsterdam industries like construction or healthcare may reduce this to zero days or extend it slightly (not more than two). Any agreements must be documented in writing in your contract.
Waiting days apply only to illness, not to maternity leave or other types of leave. They begin on the first day of sickness, and wage payment starts only afterward. This maintains a balance between employee protection and employer interests, particularly relevant in a dynamic city like Amsterdam with many flexible jobs.
Legal basis for Amsterdam residents
The rules regarding waiting days in wage payment are outlined in the Dutch Civil Code (BW), specifically Article 7:629 BW. Employers must continue paying at least 70% of the wage for up to 104 weeks during illness, but the first two days are exempt unless otherwise agreed. In Amsterdam, you can take disputes to the Amsterdam District Court for a ruling.
The Work and Income (Capacity for Work) Act (WIA) provides broader context, but for wages, the BW is primary. CAOs in local sectors, such as those of the Municipality of Amsterdam, may eliminate waiting days. Written documentation is essential to avoid conflicts. In a 2015 ruling (ECLI:NL:HR:2015:1234), the Supreme Court stated that deviations are only allowed if they align with good employer practices (Article 7:611 BW).
Practical examples from Amsterdam
Consider a barista in the Jordaan who calls in sick on Monday and stays home for the week: Tuesday and Wednesday are waiting days without pay. From Thursday, they receive 70% (or 100% under a CAO). If the illness lasts only two days? No payment. In Amsterdam CAOs for the construction sector, payments often start immediately, without waiting days.
For a marketer who falls ill on Friday: Friday and Saturday count as waiting days, even on weekends. Payment resumes from Sunday if the illness continues. Weekends are included unless your contract states otherwise. Check your agreement, especially with local employers—the Legal Aid Office Amsterdam can assist with verification.
These scenarios illustrate how waiting days work in the daily lives of Amsterdam residents and why knowing your rights is important.
Rights and obligations in Amsterdam
Rights of the employee
- Entitlement to at least 70% of wages after waiting days (often more under Amsterdam CAOs).
- No waiting days if excluded in a CAO or contract.
- Option to file a complaint with the Amsterdam District Court if wages are wrongfully withheld; the Legal Aid Office offers free initial assistance.
Obligations of the employee
- Report illness immediately to your employer (often within an hour).
- Cooperate with reintegration efforts, even during waiting days.
- Avoid misusing the system, or risk penalties through the Municipality of Amsterdam.
Rights and obligations of the employer
- Right to two waiting days for cost management in the expensive Amsterdam market.
- Obligation to pay correctly after the period and provide clear information to the employee.
- Only suspend payment for serious reasons, not for minor issues.
Comparison of standard vs. local CAOs:
| Aspect | Standard (BW) | With Amsterdam CAO |
|---|---|---|
| Number of waiting days | 2 days | 0 or 1 day (often 0 in healthcare/construction) |
| Wage continuation | 70% after waiting days | 100% from day one |
| Example sector | General | Hospitality, Municipality of Amsterdam |
Frequently asked questions for Amsterdam residents
Do waiting days apply during weekends or holidays in Amsterdam?
Yes, they continue, including weekends and holidays like King's Day. If you're sick on Friday, Friday and Saturday are waiting days, even if you don't work.
Can an Amsterdam employer require more than two waiting days?
No, the law limits it to two days. Anything more is invalid; claim your wages through the Amsterdam District Court.
What if I recover after the waiting days?
No wages for those days, but full pay upon return. Consult the Legal Aid Office for details.
Impact on unemployment benefits in Amsterdam?
Waiting days do not directly affect unemployment benefits (WW), but prolonged absence without reintegration can lead to sanctions via UWV Amsterdam.