Suspension of wages or no right to wages?
An employee who is sick has the right to salary for two years. However, there are situations in which there is no right to salary. These are:
- If the employee caused the illness intentionally;
- For the period during which the employee obstructs or delays recovery;
- For the period during which the employee does not perform suitable work that has been offered correctly;
- For the period during which the employee refuses to cooperate without good reason with reasonable regulations or measures aimed at suitable work;
- For the period during which the employee refuses to cooperate without good reason in drawing up, evaluating and adjusting an action plan;
- For the period during which the employee submits his/her WIA application late without good reason.
The employer may not simply stop paying wages. The employer must first warn the employee.
An employer can also suspend the salary of a sick employee. This is a pressure tactic for the employer in the situation that the employee does not comply with written reasonable regulations regarding the provision of information that the employer needs to establish the right to salary. If the employee complies with the regulations again, the employee will receive the full salary. Here too, the employer must first warn the employee and allow the employee to cooperate again.
In the situation that an employee refuses to sign the authorization for the transfer of the medical file to the successor Occupational Health and Safety Physician, this can be seen as refusing to cooperate without good reason with reasonable regulations or measures aimed at suitable work. The employee then has no right to salary.
Do you want to know more about this topic?
Contact Nejla Ugur.
