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If you are temporarily unable to provide work to your employees or, when work is available, you fail to call them in, you are obliged to pay them their wages nonetheless. It is possible to exclude this obligation, but only temporarily.
Obligation to pay
You are obliged to pay your employee(s) if:
- there is less work, but this is for your account and risk, for instance when an order has been cancelled
- there is enough work, but you fail to call in your on-call employees
- you have called in your on-call employees, but they are unable to do their work due to technical issues
Who do you have to pay?
The obligation to pay your employees if work is unavailable applies to:
- Regular employees
- Temporary employees
- On-call employees
Please note: payrollers should have the same legal status and employment conditions as your permanent employees.
No obligation to pay
You are not obliged to pay your employee(s) if:
- you have explicitly excluded the obligation to pay in the employment contract
- your employee(s) is on strike, absent without proper reason, late for work or is in detention
Exclusion in employment contract
In the employment contract, you can exclude the obligation to pay wages if no work is available. However, you can only do so for the first 6 months of the contract. You cannot exclude sick pay.
How much do you have to pay?
Insurance or compensation possible?
You cannot insure yourself against the obligation to continued payment. However, in some situations, the Employee Insurance Agency (Uitvoeringsinstituut Werknemersverzekeringen, UWV) may support you. This could be the case if, for instance, the lack of work is the result of extreme weather or a temporary transport ban.