With the Law on Working after the state pension age, which took effect on January 1, 2016, it has become easier to continue working after the state pension age. The law stipulates that for employees entitled to AOW, the notice prohibition in case of absenteeism, the obligation to continue paying wages in case of absenteeism and the duration of the right to sick pay are shorter than for employees who have not yet reached the AOW age. What is different, compared to what applies to employees who are not entitled to state pension?

General Affairs

There are a number of things that almost all employees have to deal with, but that sometimes work a little differently for an employee entitled to a state pension. First of all, an AOW-eligible employee can work on a maximum of 6 temporary contracts in a maximum of 4 years. After more than 6 consecutive temporary contracts or after 4 years, the temporary contract automatically becomes a permanent contract. The employee entitled to AOW is also entitled to the minimum wage and a minimum vacation allowance. It is also important to know that the salary is not set off against AOW and pension received. The employer does, however, deduct payroll tax. And should an employee start working after the AOW age, the 'normal' dismissal law applies.

AOW entitlement and absenteeism

When an employee is employed, he or she may also unexpectedly end up in absenteeism. Then it is good to know what rules apply to an employee who is entitled to AOW. For example, an AOW-eligible employee is no longer insured for the WW and the WIA, and therefore not against unemployment and disability. In case of illness, the employer continues to pay the salary for a maximum of 13 weeks. This will be shortened to a period of 6 weeks as of July 1, 2023. This applies to absenteeism on and after this date. The intention was for this change in the law to take effect earlier, as of April 1, 2021.

To determine which period is applicable, the rules regarding aggregation of sickness periods must also be considered. If two periods of illness follow each other with an interruption of less than four weeks, this is considered one period of illness. The employer pays no Sickness Act premium, but if the employee enters the Sickness Act, the UWV recovers the costs from the employer. No dismissal is possible during the 13-week period.

During the period of absence, the employer and employee must make efforts to find suitable work with their own employer. A 2nd track trajectory to find work with another employer is no longer an issue. After all, the Gatekeeper Improvement Act no longer applies because there is no longer a right to a WIA award. The UWV can therefore not impose a wage penalty.

Sick out of service

When an employee leaves work sick or is more than 2 years into absence, Puls engagesResolu , a sister label within paraDIGMA groep. They are your partner when it comes to Sickness Act and WGA files and objections and appeals.

Do you employ an employee who is entitled to a state pension, but have doubts about their sustainable employability? Then use a Sustainable Employability Survey from Puls. For more information, visit our website and contact us without obligation.