Our loyal readers know that we frequently give advice on the subject of cross-border employment. In other words: employees who work in the Netherlands and fall ill while residing or staying in another EU member state. In such cases, several EU rules apply in addition to Dutch labour law. A solid understanding of these rules is essential for both employers and employees, especially in the Euroregion. In this article, we provide you with practical tips.

Applicable law

If an employee falls ill while residing or staying in another EU member state, the rules of the EU regulations on social security coordination apply (Regulation 883/2004 and 987/2009). The provisions apply to employees who are in another EU member state, regardless of the reason for their stay, such as a holiday or business trip. Some relevant provisions from the coordination regulations include:

• Article 21 of Regulation 883/2004: an employee who resides or lives in another member state is entitled to benefits from the competent organisation (in the Netherlands, in the case of continued payment of wages, the employer) in accordance with the applicable legislation;
• Article 27 (1) Regulation 987/2009: if proof of illness is required, the employee must obtain a certificate of incapacity for work from the doctor of his place of residence or stay;
• Article 27 (5) Regulation 987/2009: the employer may request the institution in the employee’s place of residence or stay to carry out administrative checks or medical examinations.
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Role of Dutch labour law

Although EU rules play an important role, Dutch labour law remains relevant. This means that employees working in the Netherlands who fall ill abroad are generally also subject to Dutch legislation regarding continued payment of wages, as long as this does not conflict with EU regulations. This also includes the articles of the Dutch Civil Code relating to continued payment of wages during illness.

Recommendations for employers

There are several matters that employers should consider when an employee falls ill while in another EU member state:

• Employers should establish clear guidelines in their absence protocol for situations where the employee is abroad. This can help minimise administrative errors and communication issues.
• Employers must adequately inform employees about the procedures for timely reporting of illness and the required proof of illness. For instance, employers should clarify when and how an employee must report to a doctor or an organisation that can issue a certificate of incapacity for work.
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Recommendations for employees

There are several matters that sick employees should be aware of if they are in another EU member state:

• Employees must ensure they report their sickness promptly and correctly, especially when they are abroad. Communication with the employer should be clear and timely to prevent complications.
• Employees are advised to check with their employer or company doctor which specific procedures for reporting illness and undergoing medical checks while abroad. This can help avoid misunderstandings.
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Conclusion

The complex interplay between EU rules and Dutch labour law concerning continued payment of wages during illness abroad requires a careful approach from both employers and employees. Clear communication, well-defined protocols and a thorough understanding of the rules are crucial for effective cooperation and the prevention of legal problems. By sharing the right information and making proper arrangements, employers and employees can work together to ensure the smooth handling of cases involving illness notifications from abroad.

Do you have questions about the legal complexities surrounding employees who fall ill while residing or staying abroad? SPEE advocaten & mediation is ready to advise employers and employees about cross-border employment!