Continued payment of wages when not working
In Dutch labor law, an employer has the obligation to continue paying wages. Even if the employee has not performed any work, unless the failure to work should reasonably be the responsibility of the employee. In this article, our labor law attorney from Amsterdam, Paul Snijders, explains the exact situation based on a Dutch court ruling.
Not working employees, reasonably at the expense of the employee?
By signing an employment contract, you obligate yourself to work for an employer. In return, you receive wages. Dutch Labor Law states that as long as the labor contract is in effect, an employer is obligated to continue paying wages. This only does not apply when it is the “fault” of the employee that he cannot work.
In ruling, employer and employee both gave other reasons why work was not being done. For this reason, the court could not rule that the inability to work was the employee’s fault.
Keeping available for work
Usage is for an employee to keep himself available for work if he is unable to work, such as in the case of a suspension or summary dismissal. Our Dutch employment law specialist points out that the Supreme Court has ruled that the circumstance that an employee worked elsewhere does not mean that he did not keep himself available for work.
Suspension of wages if employer does not pay wages
Dutch labor law also provides that an employee has the right not to have to work as long as he still has a wage claim against the employer. In the case of the ruling, the employer was obliged to continue paying wages. The employer did not do this, which created a wage claim against the employer.
When the employer asked if the employee could return to work, he invoked its right to suspend. The court ruled that the employee was allowed to do so because his wages had not been paid.
Contact employment law attorney Amsterdam about wage payments
Are you looking for commitment and direct, personal contact with an experienced labor law specialist in Amsterdam? Call our specialized Dutch attorney labor and dismissal law for questions and legal advice on labor law, dismissal, suspension and wage payments.