Depending on the employment contract, in the ABU CAO is determined what the rights of the employee are in relation to continuing the payment of wage during disablity to work and the applied waiting days.
The Dutch Employee Insurance Agency (UWV) takes over the obligation to continue payment of salary in the event of illness due to work disability, organ donation or adoption. In case of continued payment of salary by the employer, sick pay is calculated based on the legal presumption of 13 calendar weeks preceding the first day of incapacity for work.
During the first 52 weeks of the disability to work, the employee has a right to 90% of the actual hourly wage with a minimum of of 100% of the statutory minimum wage. After 52 weeks of disability to work, 80% of the hourly wage (statutory minimum wage) will be paid as sick pay.
In case the employee doesn't comply to the rules of the protocol or if the employee doesn't contribute to the recovery and reintegration, this could lead to a warning. If there is no improvement, the employer has the right to suspend or cancel the continued payment of wage.
More information about illness can be found in chapter 3 of the Charlie works personnel guide.
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