If the employee works in *suitable work* after 104 weeks, the original role typically remains the agreed work. However, if a settlement agreement establishes 32 hours as the new standard, this may become the new agreed work, obligating you to provide salary continuation for up to 104 weeks during a new absence (at least 70% of the salary, or the minimum wage in the first year, unless otherwise specified in the contract or collective labor agreement).

Modifying Agreed Work: To Change or Not?

You face two options after 104 weeks of illness: modify the agreed work or maintain the status quo. Each choice carries distinct implications.

Option 1: Modify Agreed Work

By modifying the agreed work through a settlement agreement, you establish 32 hours or a new role as the standard. This provides clarity and allows the employee to be declared recovered, reducing pressure to return to the original role. However, a new absence triggers a 104-week salary continuation period, posing a risk if the employee’s health is unstable. Additionally, a reduction in hours of 20% or more requires a partial severance payment (Article 7:673 BW), unless waived.

Option 2: Maintain the Status Quo

Retaining the original 40-hour contract means the employee remains partially disabled for their original role. You pay only for hours worked in suitable work, potentially at a lower wage value. No new salary continuation applies during a new absence, saving costs. However, prolonged suitable work without clear reintegration terms risks an *implied modification*, potentially obligating you to resume salary payments.

Your Duties and Practical Steps

Your reintegration duties persist, requiring you to offer suitable work and involve a company doctor. A well-crafted settlement agreement must clarify whether 32 hours constitute reintegration or new agreed work. Include provisions for return of company property and confidentiality clauses. Key considerations include:

• Pay Sanctions: Inadequate reintegration efforts may lead to UWV-imposed sanctions, extending your obligations.
• Implied Modification: Prolonged suitable work without agreements may result in new salary obligations.
• Collective Labor Agreements: Check our collective labor agreement resource for additional duties.

Practical Steps:

• Specify in the settlement agreement whether 32 hours are reintegration or new agreed work.
• Document reintegration goals in writing and involve the company doctor.
• Reassess the situation after six or twelve months if health remains uncertain.
• Use our settlement agreement checklist to avoid oversights.