Does an employer have the right to withhold wages?

Questioner

On November 30th my contract was terminated. Before the contract was terminated, I had become ill and my employer called in a company doctor. The doctor advised me to report better but she did not want me to go to work right away, because there was a work conflict. The company doctor had also told me that I did not need to request a second opinion, because I still had to work for 2 weeks (16 hours) and no company would pay for those costs. Because I was still ill and not yet able to go to work, I continued to report sick to my employer. My employer withheld a large part of my salary + transition compensation. They first sent a pay slip of 1586.13 and then changed it to 533.57 euros. I have sent an email several times but I have not received a response from my employer. Does my employer have the right to withhold salary with transition + vacation hours + vacation days, etc.?

Lawyer

It seems that there are quite a few different factors at play in this situation, and while I don't know all the details, I can offer some insights from general Dutch employment law and sickness legislation. In general, the employer may withhold wages in only a limited number of situations. For example, this is the case when there is a refusal to work, but not in the case of a sick leave. If you have been declared sick by a company doctor, the employer must continue to pay your wages, usually at least 70% of the wage you normally earn, and in the first year at least the statutory minimum wage. With regard to the transition payment, when a contract of 2 years or longer is terminated, the employee is generally entitled to a transition payment. About vacation hours and days: you retain your right to vacation hours and days during your illness. So unless something else has been agreed in a collective labor agreement, for example, you should also be paid for these. These rules are generally applicable, but may vary depending on the individual case, for example through agreements in a temporary contract or in a collective labor agreement. If your employer withholds wages while you are sick and does not pay your transition payment and vacation hours, it is advisable to seek legal assistance. You may have already tried to communicate this with your employer, but you may need to take further steps. Please keep in mind that my advice is based on the information provided and it is always best to discuss the specific details of your situation with a professional. --------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.