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What is the Wet verbetering poortwachter?

What is the Wet verbetering poortwachter?

What is the Wet verbetering poortwachter and why does it apply to employers? Read in plain language how this law helps prevent long-term Sickness Absence and what your role as a business owner is in reintegration.

What is the Wet verbetering poortwachter and why does it exist?

The Wet verbetering poortwachter is a Dutch law that has been in effect since 2002 and is intended to reduce long-term sick leave. The law requires employers and employees to work together actively on reintegration when someone falls ill. The idea: the sooner someone receives appropriate guidance, the greater the chance of recovery and return to work. But why does this law actually exist? And what does it mean for you as an employer?

The reason for the Wet verbetering poortwachter

Before the introduction of the Wet verbetering poortwachter sick leave in the Netherlands was running high. Employees who were sick sometimes stayed home for months or years without anything happening. Employers often did not know what their role was and waited until someone "would recover". The result: employees slowly disappeared from view, eventually ending up in the WIA (Work Disability Insurance Act), and companies bore the costs of long-term absence.

The government wanted to change that. That's why the Wet verbetering poortwachter was introduced: a clear set of rules and responsibilities to ensure that no one is left on the sidelines unnecessarily.

Want all the steps and actions neatly listed? Then download our handy overview. That way you never miss a (legally required) action.

Reintegration as a joint responsibility

Central to the law is the principle that employer and employees are jointly responsible for reintegration. Illness is not a private matter for the employee alone, but a shared challenge to which both parties must actively contribute. The idea behind this is simple: the sooner and better you look together at what is still possible, the greater the chance that someone can return to work permanently.

So as an employer, you have an important role. You don't have to know it all by yourself, but you do have to make sure something happens. For this you work together with an occupational physician or Occupational Health Service, such as ZekerArbo. They support you and your employee in making a plan and taking the right steps. Because the law sets clear requirements on what you have to do during the reintegration process.

The Wet verbetering poortwachter prevents passivity in Sickness Absence

The Wet verbetering poortwachter was devised to prevent sick leave from "grinding to a halt." Instead of waiting for someone to get better, there should be an active approach from the beginning. Is someone sick for longer than six weeks? Then the company doctor must make an assessment: is there an imminent long-term Sickness Absence? If so, there are fixed moments when you have to work together with the employee. Not as a paper obligation, but to really keep the recovery process moving.

By recording agreements and evaluating them regularly, the process becomes clearer and more predictable. This is pleasant for your employee and for you as an employer.

The importance of work in recovery

The law is not only about obligations, but also about opportunities. Because work is more than income. For many people, it is also a source of structure, social contacts and self-confidence. That is why it is important that the contact between you and your employee does not come to a halt. Even if someone is (temporarily) disabled for their own work, that does not mean that they can no longer do anything. Sometimes adapted work or a different type of work within your company is enough to get someone going again.

And is that not possible within your own organization? Then a second track project can be started, which looks for work opportunities with another employer. Always with the health of your employee as a starting point, but with the goal: return to work, no matter what.

Financial incentives for employers: salary continuation and penalties

Besides the human side, there is also a financial reason why the Wet verbetering poortwachter exists. After all, as an employer you are obliged to continue to pay at least 70% of the salary for a maximum of two years in case of long-term sickness absence - often this amounts to 170% spread over two years in practice.

In addition, the UWV strictly tests whether you as an employer have done enough to make reintegration possible. Is this not the case according to the UWV? Then you may receive a wage penalty and must continue to pay wages. The Wet verbetering poortwachter aims to prevent employers from remaining passive. Active and careful action is thus literally rewarded.

Why is this law also good for entrepreneurs?

For many business owners, the Wet verbetering poortwachter sounds like extra administration or hassle. And yes, it requires effort and commitment. But in practice it also delivers a lot. Precisely by clearly structuring and actively supervising the process, you prevent long-term absenteeism, misunderstandings or conflicts. You increase the chance that your employee will return in a sustainable way. And that is ultimately cheaper and better for the atmosphere within your company.

Moreover, you don't have to go it alone. With a good Occupational Health Service or employability coach by your side, you get the support you need. Who knows the law, monitors deadlines and helps you as a business owner to do what's necessary without getting bogged down in rules and forms.

The person behind the rules

Perhaps most importantly, the Wet verbetering poortwachter reminds us that behind every illness report is a person. Someone who, temporarily, cannot continue, but who often does have the desire to return to work. By guiding with attention and structure, you give that employee a fair chance to return. And that is not only good for that person, but also for your company culture.

In conclusion

The Wet verbetering poortwachter is not an obstacle, but a tool. It provides structure in a period that can be uncertain and stressful for both employers and employees. By taking the law seriously and providing good support, you ensure that long-term Sickness Absence does not last unnecessarily long. And that your employee, as soon as possible, returns to work with energy and confidence.

All the steps at a glance

The Wet verbetering poortwachter ensures that you and your employee work together for a successful return to work. Want all the steps at a glance? No problem! Check out our handy step-by-step plan for employers.

Need support?

Do you turn to ZekerArbo ? Then you no longer have to worry about all those rules and deadlines. We keep an eye on everything, so you can be sure that you meet all obligations.

Our Poortwachtergarantie

At the MKB FiT Excellent package, we go one step further. With our Poortwachtergarantie we guarantee against any wage sanctions, as long as you keep to the rules and follow our advice. That's good news!

Advice on the WFP?

Need help or advice with creating the plan of action or the steps in the Wet verbetering poortwachter? Feel free to contact your own employability coach.