In September 2015 the Senate approved the ‘Wet doorwerken na AOW-gerechtigde leeftijd’ (Act for working after reaching the state pension age). The following key points apply:
- As a result of this Act the obligation to continue to pay salary to an employee who has reached the state pension age during incapacity for work / sickness is reduced from 104 weeks to 13 weeks (further reduced to six weeks at a later stage).
- The rehabilitation obligations will also decline.
- The prohibition of termination because of incapacity for work / sickness ends after 13 weeks (further reduced to six weeks at a later stage).
- Furthermore, an employer can offer an employee who reached the state pension age more fixed-term contracts for a longer period of time. The notice period will be one month, instead of a notice period that depends on the duration of employment (1-4 months).
- Employee’s who have reached the state pension age will be entitled to receive the statutory minimum wage.
- The Working Hours (Adjustment) Act will no longer be applicable to employee’s who have reached the state pension age.
The intended date of coming into effect will be 1 January 2016, but transitional law of 6 months will apply.