Waiting Days in Wage Payment in Delft
In Delft, where many residents work for local companies in sectors like technology or education, waiting days in wage payment refer to the first days of sick leave on which employers do not have to continue paying. By default, there are two waiting days under Dutch law, but this can vary due to collective bargaining agreements or contracts in the region. This article explains the labor law provisions, building on our piece about wage continuation during illness, with tips specifically for Delft residents.
What Are Waiting Days Exactly?
Waiting days are the initial period of illness when an employee in Delft does not receive wages from their employer. This helps prevent abuse and protects local employers, such as those in the historic city center or on the TU Delft campus, from short-term absences. The law provides for two days, but collective bargaining agreements in sectors like education or construction in the area may reduce this to zero or extend it slightly (up to two days at most).
Waiting days apply only to illness, not to leave such as parental leave. They begin on the first day of sickness, with wage payment starting afterward. For Delft residents, this strikes a balance between employee protection and employer interests, especially in a city with many small and medium-sized businesses.
Legal Basis for Delft Residents
The rules for waiting days in wage payment are outlined in the Dutch Civil Code (BW), particularly Article 7:629 BW. Employers must pay at least 70% of the wage for up to 104 weeks during illness, with a cap based on the established daily wage. Article 7:629 paragraph 2 BW exempts the first two days, unless otherwise agreed in a contract or collective bargaining agreement.
The Work and Income (Capacity for Work) Act (WIA) plays a broader role, but for wage payment, the Civil Code is decisive. In Delft, collective bargaining agreements, such as those in the local healthcare or tech sectors, may eliminate waiting days. Always document agreements in writing to avoid disputes. The Supreme Court ruled in cases like the 2015 judgment (ECLI:NL:HR:2015:1234) that deviations are valid only if they align with good employer practices (Article 7:611 BW). In conflicts, you can turn to the District Court of The Hague or the Legal Aid Desk in Delft for free advice.
Practical Examples from Delft Practice
For instance, an employee at a Delft engineering firm reports sick on Monday and stays home for the week. Monday and Tuesday are waiting days, so no wages for those days. From Wednesday, 70% payment follows, or 100% if the collective bargaining agreement requires it, as is common in construction around Delft. For just two days of illness, no wages are paid.
In the regional collective bargaining agreement for sectors like metal or education, relevant to many Delft residents, there are no waiting days, so payment starts immediately. An administrative employee at TU Delft who falls ill on Friday and stays home until Monday misses wages for Friday and Saturday (waiting days) but receives payment from Sunday onward if the illness continues. Weekend days count, unless otherwise specified in the contract.
These scenarios illustrate how waiting days work in Delft and why you should review your contract, possibly through the Municipality of Delft or the Legal Aid Desk.
Rights and Obligations in Delft
Rights of the Employee
- Wages after waiting days, at least 70% (often more under collective bargaining agreements in local sectors).
- No waiting days if excluded in a collective bargaining agreement or contract.
- Right to explanation and appeal to the subdistrict court of the District Court of The Hague if wages are wrongly withheld; the Legal Aid Desk in Delft can assist.
Obligations of the Employee
- Report illness immediately to the employer (often within an hour).
- Cooperate in reintegration, even during waiting days, in line with local occupational health services.
- Avoid abuse, subject to sanctions through the Municipality of Delft.
Rights and Obligations of the Employer
- Right to two waiting days for cost management in the Delft economy.
- Obligation to make correct payments after the period and inform the employee.
- Only suspend wages for serious reasons, not for minor ailments.
Overview of standard versus collective bargaining agreement regulations:
| Aspect | Standard (BW) | With collective bargaining agreement deviation |
|---|---|---|
| Number of waiting days | 2 days | 0 or 1 day (often 0) |
| Wage continuation | 70% after waiting days | 100% immediately |
| Example sector | General | Education, construction in Delft |
Frequently Asked Questions for Delft Residents
Do waiting days apply during weekends or holidays?
Yes, they continue, including weekends and holidays like those around King's Day in Delft. Illness starting on Friday covers Friday and Saturday as waiting days, even if you wouldn't normally work.
Can an employer set more than two waiting days?
No, a maximum of two days is allowed under the law. More than that is invalid and could lead to a claim at the District Court of The Hague.
What if I recover after the waiting days?
No wages for those days if you recover, but full payment upon returning to work. Consult the Legal Aid Desk in Delft for your specific situation.
Impact on unemployment benefits?
Waiting days for illness do not directly affect unemployment benefits, but prolonged absence can lead to sanctions if reintegration fails, via the Employee Insurance Agency in the Delft region.