Common use of Occupational disability of up to Clause in Contracts

Occupational disability of up to. 104 weeks 1. An employee who is entitled to continued salary payment while on sick leave, pursuant to article 7:629 of the Dutch Civil Code, shall receive 100% of the salary the employee last earned before falling ill. 2. Following on from the first 52 weeks, an employee who is entitled to continued salary payment while on sick leave, pursuant to article 7:629 of the Dutch Civil Code, shall receive at least 70% of the salary the employee last earned before falling ill. 3. If the employee is partly fit to work, they shall be entitled to receive 100% payment of the salary for the hours actually worked, or worked on a therapeutic basis, after the 52nd week. The employee will receive 70% of the salary the employee last earned before falling ill for the remaining hours. 4. If it has been established on the basis of an IVA decision (decision pursuant to the Dutch Work and Income according to Labour Capacity Act (Wet werk en inkomen naar arbeidsvermogen) as regards income insurance for people who are fully and permanently incapacitated for work) that an employee has no perspective of returning to the labour market, the employee shall receive 100% of the salary the employee last earned before falling ill during the period after the 52nd week and until the 104th week at the latest. If necessary, the supplement will be paid with retrospective effect. 5. If it is objectively established during the first two years of sickness that it will be impossible for an employee to return to their own employer and if the employee manages to find a new employer in those first two years, the employee will receive a supplement from their former (own) employer until the end of this second year of sickness to top up their salary if their salary from their new employer is lower than the salary the employee last earned before falling ill. The amount of the supplement shall be equal to the difference between the former salary before the employee fell ill and the new salary, but it shall never be more than 70% of the salary the employee last earned before falling ill. 6. If the amount still paid to the employee based on paragraphs 1 to 5 would be less than the amount the employee is entitled to based on article 7:629 of the Dutch Civil Code, the continued payment must be based on the latter amount.