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ARTICLE · 29 DECEMBER 2020

No Work, No Pay – Down To The Last Cent

Littler Mendelson
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The District Court of Rotterdam recently reaffirmed that if employees are able to work but refuse to do so with a suitable excuse, an employer can stop paying their salary.

NetherlandsEmployment and HR
Eric Van Dam
Eric Van Dam
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The District Court of Rotterdam recently reaffirmed that if employees are able to work but refuse to do so with a suitable excuse, an employer can stop paying their salary.

Background

Shortly after a transport company had informed a driver that his second short-term employment contract was not going to be renewed, the driver reported sick. The company doctor was of the opinion that the driver could (pretty much straight away) work half days, taking on easy tasks in the warehouse. The driver disagreed and informed the company doctor and the transport company of his decision to ignore the company doctor's advice.

That same day, the transport company sent the driver a letter (i) demanding that the driver adhere to the company doctor's advice; (ii) advising the driver to obtain an expert opinion from the Employee Insurance Agency (UWV); and (iii) announcing that it would stop paying his salary if he did not adhere to the company doctor's advice within five days.

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