company insurance - remuneration by payment at sickness
The Continued Payment of Salary (Sickness) Act (Wulbz) has
been incorporated since 1998 in the Civil Code (art. 7:629 BW).
On the basis of the Wulbz the obligation rests remunerations by
paying during the first year of the incapacity for work of an employee
on the employer. The scope of the continued payment obligation
has been restricted up to 70% of the daily wage of concerning the
employee. Moreover the daily wage is gemaximeerd. A year
counts 261 working days. Over a year the maximum continued
payment obligation it is counted therefore: 70% x
(maximum)dagloon x 261. the employer must minimum keep paying the
minimum wage for employees who are as from 1 January 2004 sick,
applies the law lengthening continued payment obligation at sickness.
The employer keeps paying then remunerations for two years.
In the social agreement of 2004 employers and employees have
agreed in the second year no agree supplements on the disbursement of
70% of remunerations in the CAO's. When someone ends up because
of this under for him or its appropriate guaranteed minimum income, an
allowance is according to the Social Security Supplements Act possibly
further specification for a number of cases has an employer no
continued payment obligation. For such cases is entitled the
employee to a benefit under the Sickness Benefits Act. It
concerns among other things the following gevallen:werknemers with a
temporary employment contract, which is 52 weeks still no sick as the
employment contract eindigt;personen which is operative on the basis
of recall agreements, zero hour contracts, flexible employment
contracts and such, however only insofar there is no talk of an actual
employment contract; temporary employees; sick employees
at bankruptcy of the employer; sick werklozen;werkneemsters with
pregnancy - and bevallingsverlof;arbeidsongeschikte werknemeemsters as
a result of pregnancy or labour; herintredende partial
arbeidsongeschikten or employees who have come stand from a WAO
incapacity benefit regulation in service in the law improvement gate
keeper (entrance 1 April 2002) closer rules around sickness absence.
If the staff absence threatens become long-term, a
recommendation concerning possibilities for resumption of work gives
six weeks after the ziekmelding to the safety, health and welfare
service. Within eight weeks you must establish an action plan
with the employer. In the action plan stand which activities
will be carried out aimed at resumption of work. It is also
agreed jointly he who the implementation of the plan ensures and he
who the first point is. This person also the ' case manager ' is
called. At the possible application of a wao-uitkering the sick
employee must submit a reintegration report. In that report must
employer and employee gives account concerning what they have done
return to the work accelerate if after tender of the reintegration
report appears that the employer insufficiently has done to
reintegration is possible he obliges become to remunerations longer a
year to keep paying. If the employee has to insufficiently done
to the work, can (a part of) the wao-uitkering becomes refusing target
group employer characteristics in the collective labour agreement (or
in the individual employment contract) have been frequently regulated
go that an employee receives wage supplements of the employer during
the first 52 weeks of its incapacity for work up to 100% of its
remunerations.
Source "company insurance - remuneration by payment at
sickness": General
Head index page of "company insurance - remuneration by
payment at sickness"
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