The sick pay: who pays it, how much are you entitled to and for how long?
The sick pay depends on the type of agency employment contract. In the event of illness, an agency worker must in any case notify the employment agency and the client as soon as possible.
- Agency work employment contract with an agency clause:
The UWV pays 70% of the daily wage. The employment agency supplements this up to 90% of the daily wage during the first 52 weeks of illness and to up to 80% during the second year.
- Agency work employment contract without an agency clause/agency work employment contract for a definite/an indefinite period of time:
As long as the agency work employment contract continues, the agency worker is entitled to continued payment of wages of 90% of the time-based wage during the first 52 weeks, reduced to 80% of that wage in the second year.
The wage referred to in Section 7:629 of the Dutch Civil Code: the effective wage in any case supplemented by allowances, monetary ADV compensation, waiting day compensation and other payments, with the exclusion of expense allowances. The time-based wage is due on the basis of the agreed scope of work. If no unambiguous scope of work has been agreed, the average of the past 13 weeks will be used. If the scope of work of the past 13 weeks is structurally different from the rest of the year, a more representative period will be used instead.
If the agency work employment contract has not yet lasted 13 weeks, the reasonably expected scope of work will be used.
Article 25 of the CLA for Agency Workers