Loonopschorting

Suspension of wages means that the employer withholds payment of remuneration on the ground that the employee has failed to perform their duties (properly), for example in cases of unjustified absence or refusal to work. It is founded on Article 6:52 of the Dutch Civil Code and employment law, and serves as a temporary measure of pressure to compel performance.

The measure is relevant in that it preserves the balance between employers’ and employees’ rights; unjustified suspension may give rise to claims for wages, statutory surcharges and damages. Employees may challenge the measure before the cantonal court.

In practice, suspension of wages is applied primarily in labour disputes, strikes or where there is doubt as to incapacity for work. The employer must always give prior notice and maintain careful records in order to mitigate legal risks.