How do I prevent a wage penalty (for employers)?
- 30/03/2026
- Posted by: Rosalie Derksen
- Categories: Uncategorized, Uncategorized
As an employer, you bear significant responsibility for the reintegration of sick employees. When these efforts are insufficient, the UWV can impose a wage sanction, which can lead to up to 52 weeks of additional wage costs. This sanction is not automatic, but the result of inadequate reintegration efforts during the first 104 weeks of illness.
Preventing a wage sanction requires careful file building, timely action, and demonstrable efforts. With the right knowledge and approach, you can prevent this costly sanction while optimally supporting your sick employee.
What is a wage sanction and why can it be imposed?
A wage sanction is an extension of the wage payment obligation by up to 52 weeks that the UWV can impose when an employer has made insufficient reintegration efforts during the first 104 weeks of an employee’s illness.
The UWV assesses retrospectively during the WIA application whether sufficient efforts have been made. The sanction is imposed based on the Gatekeeper Improvement Act, which requires employers to make active reintegration efforts.
The main reasons for a wage sanction are:
- Missing or incomplete reintegration plans
- Late start of track 2 reintegration
- Insufficient workplace research and adjustments
- Poor file building and reporting
- No demonstrable efforts for external placement
The UWV not only looks at what is on paper, but also assesses whether the efforts were realistic and serious. An employer who acts proactively and documents all steps properly runs much less risk of a sanction.
Do’s & don’ts in file building, communication and reporting
Correct file building and reporting form the basis for preventing wage sanctions. The UWV assesses your efforts mainly based on what is documented, not on what you can explain verbally.
Essential do’s for a proper file:
- Document all conversations and agreements with date and concrete actions
- Ensure continuous reporting without medical information
- Record workplace investigations and adjustments with concrete results
- Keep all correspondence with the occupational physician, work expert and reintegration company
- Note the employee’s job application efforts with concrete vacancies
Critical don’ts that can lead to sanctions:
- Do not include medical information in reports
- Do not wait to take action until the employee is better
- Do not use general descriptions without concrete actions
- Do not rely solely on verbal agreements
- Do not leave gaps in the reporting timeline
The quality of your reporting largely determines how the UWV assesses your efforts. Reports may not contain medical information, but must clearly show what concrete steps were taken and what the results were.
How do you prove sufficient reintegration efforts?
You prove sufficient reintegration efforts with a combination of timely actions, concrete results and complete documentation, showing that all realistic possibilities have been utilized for both internal and external reintegration.
The UWV assesses your efforts in three main areas: track 1 (internal reintegration), track 2 (external reintegration) and the quality of guidance and documentation.
For track 1 reintegration you must be able to demonstrate:
- Timely and adequate workplace investigation by a work expert
- Concrete adjustments in work, working hours or working conditions
- Phased work resumption with a clear structure
- Regular evaluation and adjustment of the reintegration plan
- Cooperation with the occupational physician and other involved professionals
For track 2 reintegration, the burden of proof is stricter. You must demonstrate that external reintegration started on time, usually around week 46-52, as soon as it becomes clear that track 1 is not sufficient. The process must consist of a work expert report, a personal profile, a realistic search profile and demonstrable job application efforts.
The final report is crucial and must demonstrate that all realistic options have been utilized, even if no placement has taken place. A process without placement can still be sufficient for the UWV, provided the efforts have been serious and consistent.
Practical pitfalls (e.g. insufficient workplace research, inadequate agreements)
The most common pitfalls that lead to wage sanctions are superficial workplace research, unclear agreements between involved parties and engaging external expertise too late in complex situations.
Workplace research is often carried out too limitedly. Many employers only look at the original function, while a complete investigation must include all possible functions within the organization. The research must be concrete: which tasks can the employee perform and which not, what adjustments are possible and what are the costs?
Common pitfalls in practice:
- Late start of track 2 (after week 52 instead of around week 46-52)
- Unrealistic search profiles that are too broad or too narrow
- Unclear role division between occupational physician, work expert and employer
- Insufficient guidance with job application efforts
- Poor coordination between track 1 and track 2 activities
A critical pitfall is choosing a reintegration company that only focuses on file building for UWV assessment instead of actual results. Choose not only on reporting, but also on labor market knowledge, customization and experience with UWV assessment. A wrong choice increases the risk of delay and a wage sanction.
How do you deal with a situation where the employee does not cooperate?
When an employee does not cooperate with reintegration, you must carefully document this and take concrete steps to promote cooperation, while continuing to fulfill your own reintegration obligations.
Non-cooperation does not automatically mean you are exempt from your reintegration obligations. The UWV expects you to actively try to obtain cooperation and make all reasonable efforts to make reintegration possible.
Concrete steps in case of non-cooperation:
- Document every form of non-cooperation with date and concrete examples
- Conduct conversations about the consequences of non-cooperation for the employee
- Offer support to remove any obstacles
- Engage external guidance if necessary to motivate the employee
- Inform the employee about possible consequences for the WIA benefit
It is important to understand that non-cooperation often stems from fear, uncertainty or acceptance problems. An empathetic approach often works better than a legal one. Sometimes professional guidance can help remove psychological barriers.
Even with complete non-cooperation, you must be able to demonstrate that you have investigated and offered all reasonable possibilities. The UWV assesses whether your efforts were proportional in the given situation and whether you did enough to obtain cooperation.
How UFIND Helps Prevent Wage Sanctions
We support employers in preventing wage sanctions by developing legally correct reintegration processes that are both result-oriented and UWV-proof. Our approach combines practical expertise with thorough knowledge of laws and regulations.
Our support in preventing wage sanctions:
- Timely start of track 2 processes with correct file building
- Legally correct reporting that connects to your existing systems
- Realistic search profiles and labor market-oriented guidance
- Proactive communication about progress and any risks
- Final reports that pass UWV assessment, even without placement
Through our experience with complex situations and thorough knowledge of UWV procedures, we help you minimize the risk of wage sanctions. We keep control with your organization, while we ensure legally correct execution.
Contact us for a no-obligation conversation about your specific situation and how we can help you prevent costly wage sanctions.