Expat ill? Beware!

Do you employ or are you a ‘highly skilled migrant’ read this.

If you employ a highly skilled migrant, as an employer you have the legal obligation to pay a certain minimumwage. If your employee falls ill be careful to continue to pay 100% of his salary or at least an amount that maintains the level of income above the legal minimum. Dutch law provides the possibility for the employer to pay only 70% during two years of illness. However if you do this - and you don't inform the IND in time - your company risks a fine of € 8.000,= and also risks to lose the status of Recognised Sponsor with the Immigration service (IND). This will also have consequences for other ‘highly skilled migrants’ you might employ.

Are you a ‘highly skilled migrant’ expat? In that case always check in your employment contract that your employer will continue to pay you 100% of your salary in case you fall ill. The Dutch law allows employers to pay only 70% of your salary during illness (unless otherwise provided for in a Collective labour agreement). If the employer pays only 70%, your income might fall below the legally mandatory minimum wage linked to your status. In that case your employer might lose its status as Sponsor at the Immigration services (IND) and this might have serious consequences for yourself (worst case: having to leave the country within 4 weeks).

The firm Van Rossum Guyon

Vijzelstraat 68-78
1017 HL Amsterdam
The Netherlands

T +31 20 320 50 54
E florence@vrglaw.com