What does the UWV do when an employer fails track 2 obligations?

When an employer fails to meet their track 2 reintegration obligations, the UWV can impose a wage sanction that extends the employer’s duty to continue paying the sick employee’s salary by up to 52 additional weeks. This penalty applies after the UWV reviews the reintegration file at the end of the standard 104-week waiting period, when a WIA benefit claim is submitted. The sections below walk through exactly how that process works, what triggers a sanction, and how to protect yourself as an employer.

What sanctions can the UWV impose on an employer?

The most significant sanction the UWV can impose on an employer who fails to meet track 2 obligations is a loonsanctie, or wage sanction. This means the employer must continue paying the sick employee’s salary for an extended period of up to 52 additional weeks, on top of the standard two-year obligation. The UWV does not impose fines or criminal penalties, but the financial impact of an extended wage obligation can be substantial.

The wage sanction is not automatic. It is triggered when the UWV concludes, during its assessment of the WIA benefit application, that the employer failed to make sufficient reintegration efforts. The employee is not penalised for the employer’s shortcomings. Instead, the WIA application is simply put on hold until the extended period has passed or the employer has remedied the gap in reintegration.

In practice, the sanction period gives the employer a second chance to do what should have been done earlier. Once the employer demonstrates that the reintegration effort is now adequate, the UWV can end the sanction early. However, if the employer continues to fall short, the full 52-week extension applies.

What counts as a track 2 failure in the UWV’s assessment?

A track 2 failure occurs when the UWV determines that the employer did not take timely or adequate steps to help the employee find suitable work outside the organisation, despite it being clear that returning to the original employer was not realistic. The assessment focuses on whether the employer acted proportionately and in good time, not on whether the reintegration ultimately succeeded.

Common reasons the UWV identifies a track 2 failure include:

• Starting track 2 too late, for example well after the first-year evaluation around weeks 46 to 52, when it was already clear that track 1 was insufficient
• Failing to engage a recognised reintegration provider or offering a programme that was clearly inadequate given the employee’s situation
• Gaps in the reintegration file, such as missing reports, unsigned plans, or no evidence of active job search support
• Not acting on the occupational physician’s advice about the employee’s workable possibilities
• Stopping reintegration activities prematurely without a valid medical or practical reason

It is worth noting that no minimum percentage of work capacity is required to start track 2. The occupational physician establishes what the employee can do, and the employer is expected to act on those findings. The 35% threshold is relevant only for the WIA benefit assessment itself, not for the reintegration obligation.

How does the UWV review the employer’s reintegration file?

When an employee submits a WIA application after 104 weeks of illness, the UWV requests the complete reintegration file from the employer. A labour expert at the UWV then reviews this file to assess whether the employer made sufficient reintegration efforts throughout the entire sick period. This review is retrospective and comprehensive.

The file the UWV expects to see typically includes the plan of approach, all evaluations and updates, the occupational physician’s reports, the first-year evaluation, evidence of track 2 activities, and the final evaluation report. The UWV looks at the timeline of decisions, the reasoning behind them, and whether the employer responded adequately when circumstances changed.

The UWV does not actively supervise or direct the reintegration process while it is ongoing. There is no obligation on the UWV to issue instructions or approve a trajectory plan during the 104 weeks. The employer carries the responsibility to make the right decisions at the right time, and the UWV only passes judgment at the end. This is precisely why keeping a thorough, up-to-date file matters so much.

Can an employer dispute or appeal a UWV wage sanction?

Yes, an employer can dispute a UWV wage sanction. The first step is submitting a formal objection, known as a bezwaar, to the UWV within six weeks of receiving the sanction decision. The UWV then reconsiders its decision internally. If the outcome of that review is still unfavourable, the employer can appeal to the administrative court.

Grounds for a successful objection typically involve demonstrating that the reintegration file was more complete than the UWV initially recognised, that there was a valid reason for any apparent gap in activity, or that the UWV applied the wrong standard in its assessment. Medical circumstances that limited what was possible, documented in the occupational physician’s reports, can also support an objection.

It is also possible to request an early end to the sanction period if the employer can show that the reintegration shortcoming has since been remedied. This is separate from a formal appeal and can shorten the financial burden even if the original sanction decision stands.

What steps should an employer take immediately after receiving a sanction notice?

After receiving a UWV wage sanction notice, the employer should act quickly and methodically. The six-week window for submitting a formal objection starts from the date of the decision, so there is no time to hesitate.

1. Read the decision carefully. Identify exactly which reintegration shortcoming the UWV has cited. The decision will specify what was found to be insufficient.
2. Gather all reintegration documentation. Collect every piece of evidence that supports the effort made, including emails, meeting notes, and provider reports that may not have been included in the original file.
3. Consult a legal or HR specialist. An employment lawyer or experienced reintegration advisor can assess whether the objection has merit and help draft a strong response.
4. Submit the bezwaar within six weeks. Missing this deadline means losing the right to object formally.
5. Continue reintegration activities. Even while disputing the sanction, the employer must keep supporting the employee’s reintegration. Stopping activities during an appeal will only strengthen the UWV’s position.

How can employers prevent track 2 failures before the UWV review?

Preventing a track 2 failure is far less costly than resolving one. The key is acting on the right signals at the right time, rather than waiting until the end of the 104-week period to assess whether enough was done.

Around weeks 46 to 52, the first-year evaluation is the critical moment. If the occupational physician indicates that returning to the current employer is not realistic within a reasonable timeframe, track 2 should be initiated promptly. Delaying this decision is one of the most common reasons employers receive a sanction.

Maintaining a thorough reintegration file throughout the entire process is equally important. Every decision, every conversation with the occupational physician, and every step taken in the reintegration process should be documented. If the reasoning behind a decision is not written down, it effectively did not happen as far as the UWV is concerned.

Engaging a specialist track 2 reintegration provider early also reduces the risk significantly. A provider with genuine expertise can ensure the programme meets UWV standards, keeps the file in order, and adjusts the approach when the employee’s situation changes.

How UFIND Supports Employers with Track 2 Reintegration

We know that track 2 reintegration is one of the most complex and high-stakes obligations an employer faces. At UFIND, we have more than 15 years of experience guiding employers and employees through exactly these situations, including cases that other providers find too difficult or too late to take on.

When you work with us on a spoor 2 reintegration programme, here is what you can expect:

• A tailored programme developed in consultation with you and your employee, built around their unique situation and workable possibilities
• One dedicated coach who guides the entire trajectory, so nothing falls through the cracks and the file stays complete
• Timely action from the moment it becomes clear that track 1 is no longer sufficient, reducing the risk of a UWV sanction
• ACT-based coaching that helps employees move past psychological barriers and take concrete steps toward new work
• Recruitment expertise within our team, which means we do not just coach, we actively support job search with real market knowledge

If you are facing a looming UWV review, have already received a sanction notice, or simply want to make sure your reintegration approach is solid, we are ready to help. Get in touch with us to discuss your situation and find out what a tailored track 2 programme can do for your employee and your organisation.

Related Articles

• What does the law/regulation say about travel time for track 2 routes?
• How does secondment work in Track 2?
• Can I go on vacation during track 2?
• Who pays the costs for Track 2?
• How much travel time should you accept within track 2?