The Bottom Line
- Clarity on Deadlines: Dutch courts are now setting firm, non-negotiable deadlines for the national benefits agency (UWV) to reassess long-term sick employees, providing businesses with much-needed certainty.
- Patience is a Virtue (to a Point): The court ruled that an employer’s patience with the UWV‘s well-known backlogs is reasonable. Businesses will not be penalized for waiting a period before taking legal action to force a decision.
- Financial Teeth: The court imposed a daily penalty of €100 for non-compliance with the new deadline and ordered the UWV to cover the employer’s legal costs, making it financially viable to challenge administrative delays.
The Details
The case involved a healthcare provider, Stichting HilverZorg, which had requested a reassessment of a long-term sick employee from the Dutch Employee Insurance Agency (UWV). Such reassessments are critical for employers to manage their wage continuation obligations and reintegration efforts. However, after filing the request in late 2023, the employer was met with silence as the UWV failed to meet the statutory decision deadline—a common issue stemming from a national shortage of insurance doctors.
After formally notifying the UWV of its failure to act (a mandatory step known as an “ingebrekestelling” or notice of default), Stichting HilverZorg brought the matter before the court. The UWV’s defense was that the employer had waited an “unreasonably long” time before appealing. The court decisively rejected this argument, stating it was understandable for the employer to show initial patience, given the widely reported capacity problems at the agency. This sends a clear signal that businesses will not have their right to appeal undermined for showing initial forbearance.
Ultimately, the court sided entirely with the employer. It declared the appeal well-founded and ordered the UWV to issue a decision on the reassessment within four months. Highlighting the seriousness of this new deadline, the court attached a daily penalty of €100 (up to a maximum of €15,000) for any further delay. By referencing its own similar, recent rulings, the court is solidifying a judicial standard: while operational challenges are acknowledged, they do not grant government agencies a free pass to leave businesses in prolonged legal and financial uncertainty.
Source
Rechtbank Midden-Nederland (District Court of Midden-Nederland)
