A wage sanction and now what?
Your sick employee goes to the UWV after two years of wage payment obligation. Then comes an unexpected conclusion, a wage penalty! According to the UWV the reintegration has not been done sufficiently. With this wage penalty, you as an employer must continue to pay wages for another year. This is a difficult situation that brings a lot of tension. It is important to remain calm and objective. A wage penalty also calls for action.
Questions in the event of a wage penalty
When receiving a wage penalty, it is important for you as an employer to get answers to the following questions:
- What is the reason for the wage penalty?
- Was the wage penalty issued for good reason?
- Is the wage penalty fixable? This when the wage penalty is justified.
What is the reason for the wage penalty?
The first question is immediately the most important. What is the reason for the wage penalty? The UWV indicates the reason in the assessment. For example, that insufficient attention was paid to reintegration possibilities in 1st track, or that an 2nd track trajectory was not started or was started too late. Clarity about the reason is important to move forward in resolving the situation.
Is the wage penalty justified?
This immediately leads to the next question; Was the wage sanction rightly issued? To answer this question it is good to look at all the information in the reintegration file. Is the file complete? Were mistakes made during reintegration? In this step it is wise to involve professionals. This is, for example, the company doctor who can look at the UWV's assessment from a medical point of view. Also involve a Occupational Assessor in the wage penalty. The Occupational Assessor can check the UWV's assessment against the reintegration efforts made and the laws and regulations. If the wage penalty is possibly unjustified, you can lodge an objection with the UWV. Do this within 6 weeks after receiving the assessment. It is advisable to hire a lawyer. They can help you draw up a proper objection with a greater chance of success.
Is the wage penalty fixable?
Is the wage penalty justified? Then that leads to the question; Is the wage penalty fixable? For example, it may be wise to use a Occupational health assessment . For example, if the reintegration possibilities in 1st track have not been sufficiently investigated. Or to still deploy a 2nd track trajectory if this has not been done. The goal should be to resolve the reason for the sanction as quickly as possible. Then also immediately apply for reduction with the UWV. By doing this promptly, a one-year wage sanction can be shortened to six months. This is a major damage limitation.
Avoid a wage penalty
However, the most important thing still remains preventing a wage penalty. Proper guidance during absenteeism is important. Our sister organization De Arbodienst advises and guides you and your employee during the entire reintegration process. Inverzo's Occupational Assessor helps you achieve the best possible reintegration result. By following professional advice, a wage penalty can be avoided. Keep in mind that you as the employer are ultimately responsible for the reintegration. Stay critical of the advice you receive. In case of uncertainty you can request an expert opinion from the UWV. Do you have any questions about this article? Please feel free to contact us. We are happy to help.
