Pursuant to the Dutch Civil Code, employers are obliged to continue to pay the salaries of sick employees for the first two years of illness. However, in case – for instance – an employee does not comply with the rehabilitation obligations of the employer, an employer may (under certain circumstances) discontinue the payment of salary. In a recent court case, the employer has discontinued the payment of salaries, because the employee did not comply with the rehabilitation obligations. The employer sent a letter to the employee informing the employee of the salary freeze by referring to the applicable statutory provision. The Subdistrict Court ruled that the employer was not entitled to discontinue the payment of salaries because (1) this letter did not include an explicit warning to the employee that the payment of salary would be discontinued if the employee was not going to meet her rehabilitation obligations, and (2) nor was this warning (verbally or written) promptly given at any time. Solely referencing the applicable statutory provisions is not sufficient. Please note that such warning letters must be narrowly worded.