Common use of Incapacity for work Clause in Contracts

Incapacity for work. In the event of incapacity for work, the employee returns to the Netherlands. A decision on this is taken based on the advice provided by the attending doctor. The employer bears the costs for the return journey unless the incapacity for work arose from the employee’s intent. In the event of incapacity for work due to illness, for a maximum of 52 weeks the employee receives from the employer the average wage over the previous 52 weeks prior to the first day of sickness. ‘Wage’ is hereby intended to mean the total salary when working abroad and, insofar as work was performed over the previous 13 weeks, the agreed set wage earned in the Netherlands, including the applicable supplements and overtime payment. This wage amounts to a maximum of 1.3 times the maximum wage in the sense of the Social Security Financing Act, plus the pension premium and Invalidity Pension premium. During the second period of 52 weeks, 70% of the set agreed daily wage is paid, including the recently applicable average supplements when working, and the average payment on account of overtime over the previous thirteen weeks of employment. In the event that a successful reintegration, the employee is eligible for a one-off reintegration bonus of 30% of the set agreed wage over the period from the first day of the second year of sickness up to and including the time of successful reintegration. Notwithstanding the above, the second period of 52 weeks can be extended up to a maximum of 104 weeks. There may be an extension of the second period of 52 weeks in the following two specific cases: - in the event that the UWV benefit payment body believes that the employer has made insufficient effort to reintegrate the sick employee, and based on this the UWV benefit payment body refuses to proceed to starting the WAO or WIA procedure of the employee in question; - in the event that the employee in question and the employer jointly decide that there are reasons to not yet initiate the WAO or WIA request, since the end of the incapacity for work is predicted within a foreseeable time.

Incapacity for work. In the event of incapacity for work, the employee returns to the Netherlands. A decision on this is taken based on the advice provided by the attending doctor. The employer bears the costs for the return journey unless the incapacity for work arose from the employee’s intent. In the event of incapacity for work due to illness, for a maximum of 52 weeks the employee receives from the employer the average wage over the previous 52 13 weeks prior to the first day of sickness. ‘Wage’ is hereby intended to mean the total salary when working abroad and, insofar as work was performed over the previous 13 weeks, the agreed set wage earned in the Netherlands, including the applicable supplements and overtime payment. This wage amounts to a maximum of 1.3 times the maximum wage in the sense of the Social Security Financing Act, plus the pension premium and Invalidity Pension premium. During the second period of 52 weeks, 70% of the set agreed daily wage is paid, including the recently applicable average supplements when working, and the average payment on account of overtime over the previous thirteen weeks of employment. In the event that a successful reintegration, the employee is eligible for a one-off reintegration bonus of 30% of the set agreed wage over the period from the first day of the second year of sickness up to and including the time of successful reintegration. Notwithstanding the above, the second period of 52 weeks can be extended up to a maximum of 104 weeks. There may be an extension of the second period of 52 weeks in the following two specific cases: - in the event that the UWV benefit payment body believes that the employer has made insufficient effort to reintegrate the sick employee, and based on this the UWV benefit payment body refuses to proceed to starting the WAO or WIA procedure of the employee in question; - in the event that the employee in question and the employer jointly decide that there are reasons to not yet initiate the WAO or WIA request, since the end of the incapacity for work is predicted within a foreseeable time.