Wage Continuation Period
For residents of Tilburg, the wage continuation period is a crucial arrangement: a maximum of 104 weeks during which employers must continue paying wages in case of illness. This provides financial stability and promotes reintegration. At the end, a WIA assessment by the UWV usually follows, relevant for many Tilburg employees in sectors such as industry and healthcare.
What does the wage continuation period mean for Tilburg residents?
If you fall ill in Tilburg, as an employee you are entitled to continued wage payment by your employer for a maximum of two years (104 weeks). This period protects against income loss and encourages your return to work. Employers must not only pay but also support recovery, for example through local occupational health services.
The law applies to all Tilburg employees with a contract, unless a collective bargaining agreement (CBA) or individual agreement states otherwise. Self-employed individuals in Tilburg (ZZP'ers) must arrange their own insurance, for example via the Municipality of Tilburg for support.
Legal basis
At the core is Article 7:629 of the Dutch Civil Code (BW): employers must continue paying wages during illness, unless the cause is attributable to you – which is not the case with illness. For Tilburg cases, this is enforced via the District Court of Zeeland-West-Brabant in Breda.
Additional rules:
- Article 7:630 BW: Governs the precise wage specifications.
- Gatekeeper Improvement Act: Requires reintegration plans, such as the Action Plan.
- Article 7:658a BW: Penalties for non-compliance, such as wage suspension or dismissal.
CBAs in Tilburg industries (e.g., textiles or logistics) may offer more, but never less than the law requires. Check your CBA via the Juridisch Loket Tilburg.
Duration and amount of continued payment
The 104 weeks consist of two phases:
| Phase | Duration | Wage Percentage | Minimum |
|---|---|---|---|
| First year | 52 weeks (364 days) | At least 70% of daily wage | 70% of wage on day before illness, not below minimum wage |
| Second year | 52 weeks | At least 70%, often more per CBA | CBAs in Tilburg sometimes provide 90% |
The daily wage is calculated over the previous year, including holiday pay. Holiday days are not deducted.
What falls outside the 104 weeks?
Maternity leave pauses the clock; probationary periods or dismissal do not.
Rights and obligations in Tilburg
For the employee
- Right to wages: In full accordance with law/CBA.
- Right to assistance: Consultations with the company doctor and reintegration support.
- Obligations: Report illness within 24 hours, cooperate, accept suitable work.
For the employer
- Right to check: Assess illness via occupational health service.
- Obligations: Handle reports, Action Plan within 8 weeks, notify UWV for prolonged absence.
Breach? Approach the sub-district court judge at the District Court of Zeeland-West-Brabant (Breda). Employers risk UWV recovery up to 70% Sickness Benefits.
Tilburg examples
Example 1: Jan from the Oud-Zuid neighborhood in Tilburg falls ill (burnout). Monthly gross salary €3,000. Employer (local factory) pays year 1: 70% (€2,100), same in year 2 (CBA). After 104 weeks, WGA via UWV.
Example 2: Marie on Heuvelstraat refuses adapted work. Employer suspends wages (Art. 7:629(3) BW). Breda court orders resumption.
Example 3: Short flu (2 weeks): Full wages, counts toward the period.
After the period in Tilburg?
After 91 weeks, your employer notifies the UWV for a WIA assessment. Possible outcomes: IVA, WGA, or no benefit. See also WIA: WGA and IVA.
Frequently asked questions
How do I report illness in Tilburg?
As soon as possible, max 1 day. Follow contract rules; failure to report stops wages.
Can an employer shorten the period?
No, minimum 104 weeks. CBA may adjust, but not reduce, unless non-cooperation.
Dismissal during illness?
Prohibited in first 2 years (Art. 7:670 BW). After 104 weeks possible with severance. To Breda sub-district court for issues.
Temporary contract?
Yes, until end date. Then possibly UWV Sickness Benefits.
Tips for Tilburg residents
- Report in writing for proof.
- Keep occupational health service correspondence.
- Cooperate with reintegration.
- Check payslips.
- If in doubt: Juridisch Loket Tilburg for free advice, or Municipality of Tilburg.