Dutch Legislation

Sickness Benefits Act (ZW)

in force

Sickness benefit where no employer is liable to continue wages

Employment law · Ziektewet (ZW) · BWBR0001888 · Chapters: 7 · articles: 203

Chapter I Penal provisions

Articles: 18

Chapter II Of sickness benefit

Articles: 95

Chapter IIA Reintegration instruments

Articles: 2

Chapter IIIA Self-retention of risk by the employer

Articles: 5

Chapter IV Voluntary insurance

Articles: 36

1 Article 1

For the purposes of this Act and the decrees adopted for its implementation, the following definitions shall apply:

2 Article 2

Where a person has their domicile and where a legal person has its seat shall be determined according to the circumstances.

2a Article 2a repealed
2b Article 2b repealed
3 Article 3

Employee is the natural person who is in a private law or a public law employment relationship.

3a Article 3a

If necessary in deviation from Article 3 and the provisions based thereon:

4 Article 4

The following shall also be considered an employment relationship:

5 Article 5

Rules may be established by or pursuant to an order in council, under which the following shall also be considered an employment relationship:

6 Article 6

The following shall not be considered an employment relationship:

6a Article 6a repealed
7 Article 7

For the purposes of this Act, the following shall be considered an employee:

8 Article 8

For the purposes of this Act, the following shall also be considered an employee:

8a Article 8a

For the purposes of this Act, a person who receives a benefit on the basis of compulsory insurance pursuant to the Work and Income (Capacity for…

8b Article 8b

Until a point in time to be determined by or pursuant to an order in council, on the proposal of Our Minister together with Our Minister of the…

8c Article 8c

For the purposes of this Act, the following shall also be considered an employee:

9 Article 9

Employer is the public sector employer or, respectively, the natural person or the entity with whom one or more natural persons are in an employment…

10 Article 10

The following shall be considered an employer:

11 Article 11

The Employee Insurance Agency (Uitvoeringsinstituut werknemersverzekeringen) shall be considered the employer in the cases referred to in Articles 7…

11a Article 11a repealed
12 Article 12

Our Minister may, in agreement with Our Minister of Finance, in derogation from the provisions of Articles 9 and 10, designate a person other than…

13 Article 13

The employer is obliged to provide the employee with the opportunity to exercise the powers granted to him by or pursuant to this Act and to fulfill…

14 Article 14

For the purposes of this Act, wages shall be understood to mean wages within the meaning of Chapter 3 of the Social Insurance Funding Act (Wet…

15 Article 15

For the calculation of the sickness benefit to which a right exists pursuant to this Act, the daily wage shall be considered to be 1/261st part of…

16 Article 16

The daily wages shall be revised with effect from the day on which and to the extent to which the amount referred to in Article 8, paragraph 1…

17 Article 17 repealed
18 Article 18 repealed
19 Article 19

The insured person shall, in the event of incapacity to perform his work as a direct and objectively medically determinable consequence of illness…

19a Article 19a

The insured person shall have no right to sickness benefit during the period that he does not reside in the Netherlands.

19aa Article 19aa

In deviation from Article 19, the insured person who does not have an employer against whom he, in the event of incapacity to perform work due to…

19ab Article 19ab

The percentage of the income of the person in the reference position (maatmaninkomen) that the insured person is able to earn, as referred to in…

19b Article 19b

The insured person shall have no right to sickness benefit during the period in which they have been lawfully deprived of their liberty, starting…

19c Article 19c

The insured person who evades the execution of a custodial sentence or a measure involving deprivation of liberty shall have no right to sickness…

19d Article 19d

The insured person who has no employer towards whom he, in the event of incapacity to perform work due to illness, pregnancy or childbirth, is…

19e Article 19e

The insured person who is an outbound traveler (uitreiziger) is not entitled to sickness benefit.