The company doctor (bedrijfsarts) in the Netherlands: role, deadlines and second opinion

The company doctor (bedrijfsarts) is the occupational physician who advises the employer and the employee when an employee in the Netherlands is sick. Every employer must be assisted by a registered company doctor, either in-house or through a certified occupational health service (arbodienst): Article 14 of the Working Conditions Act (Arbeidsomstandighedenwet, Arbowet). The company doctor assesses what the employee can and cannot do, gives the problem analysis within six weeks when long-term absence threatens, and must honour a request for a second opinion. The advice is not binding: in a dispute, either party can ask UWV for an expert opinion.

The company doctor at a glance

• Mandatory: every employer uses a registered company doctor for sickness guidance (Article 14(1)(b) Arbowet).
• Six weeks: when long-term absence threatens, the employer obtains the company doctor's assessment within six weeks of the first sick day (the problem analysis).
• Plan of action within two weeks after that assessment, agreed between employer and employee.
• Second opinion: the company doctor must honour the employee's request to consult another company doctor, unless there are weighty reasons not to (Article 14(2)(g)).
• Expert opinion: UWV gives an opinion on request of the employer or the employee (Article 32 Wet SUWI); it is required for a wage claim in court (Article 7:629a of the Dutch Civil Code).
• Direct access: employees must be able to consult the company doctor, also without being sick (Article 14(2)(e)).

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Is Every Employer in the Netherlands Required to Have a Company Doctor?

Yes. Under Article 14 of the Working Conditions Act, every employer must be assisted by one or more certified experts or registered company doctors for the guidance of sick employees, periodic occupational health examinations, and health questions related to work.

There are two ways to organise this:

• Tailored arrangement (maatwerkregeling): the employer contracts a company doctor directly, on the basis of a collective labour agreement or a written arrangement agreed with the works council or employee representation body (Article 14(9)).
• Safety-net arrangement (vangnetregeling): without such an arrangement, the employer uses a certified occupational health service, in-house if possible, otherwise an external one (Article 14a).

In both cases the arrangement is laid down in a written contract, often called the basic contract, which must in particular address the company doctor's access to the workplace, the second opinion, the complaints procedure and the reporting of occupational diseases (Article 14(4) and (5)).

What Does a Company Doctor Do?

The company doctor advises; the employer decides. The core tasks are advising on the guidance of sick employees and their return to work, carrying out occupational health examinations, and being available to employees with questions about health and work.

• Assesses whether the employee is unfit for their own work, and what work they can still do.
• Advises the employer and the employee on reintegration and on adjustments to the work.
• Gives the assessment that forms the basis of the problem analysis and the plan of action.
• Holds a consultation for employees, who must have effective access to the company doctor (Article 14(2)(e)).
• Must be able to visit every workplace (Article 14(2)(f)) and advises on prevention (Article 14(2)(j)).
• Reports occupational diseases to the designated institute (Article 9(3) Arbowet).

The company doctor does not decide on continued pay during sickness. Whether the employer pays the wage under the sick pay rules is a decision of the employer, who will usually follow the company doctor's assessment.

What Is the Company Doctor's Role in the Sick Leave Timeline?

The Gatekeeper Improvement Act (Wet verbetering poortwachter) sets fixed moments. The key steps are laid down in the Regeling procesgang eerste en tweede ziektejaar.

For the full process, see reintegration obligations and the two-year sick leave rule. UWV's own summary: a step-by-step guide to employee sickness.

What May the Company Doctor Tell the Employer?

Only what the employer needs to manage the absence: the functional limitations and possibilities, the expected duration, and advice on work and reintegration. The diagnosis and other medical details are covered by medical confidentiality and are not passed on.

Where the employer needs a medical judgement, it goes through the company doctor. For health data, the employer is bound by the General Data Protection Regulation, which prohibits processing data concerning health except where a legal exception applies, such as the statutory duty to report serious workplace accidents (Article 9(5) Arbowet).

What if the Employer or Employee Disagrees With the Company Doctor?

There are two routes: a second opinion from another company doctor, and an expert opinion (deskundigenoordeel) from UWV.

• Second opinion: the employee can ask for another company doctor to be consulted about an advice on sickness guidance or health. The company doctor honours the request as soon as possible, unless weighty reasons oppose it (Article 14(2)(g) Arbowet). See second opinion in sick leave cases.
• Expert opinion from UWV: at the request of the employer or the employee, UWV gives an opinion on whether the employee is fit for work, on suitable work and on reintegration efforts (Article 32 Wet SUWI). See the UWV expert opinion.

The UWV opinion is not binding either, but it carries weight in court. An employee who claims wages in court because the employer considers them fit for work must, in principle, attach a UWV expert statement to the claim (Article 7:629a of the Dutch Civil Code). The company doctor must also have an adequate complaints procedure (Article 14(2)(h) Arbowet).

What Must a Sick Employee Do?

Follow the reasonable instructions of the employer and the company doctor, cooperate with the plan of action, and do suitable work offered by the employer: Article 7:660a of the Dutch Civil Code.

In practice this means attending the company doctor's consultations when called. An employee who refuses without good reason to follow reasonable instructions or to do suitable work loses the right to wages for that time (Article 7:629(3) of the Dutch Civil Code), and the employer can suspend payment while the employee does not provide the information needed to assess the wage claim (Article 7:629(6)). The employer must notify the employee of such a sanction without delay, or lose the right to rely on it (Article 7:629(7)). While the employee is sick, the employer cannot give notice unless the sickness has lasted at least two years, subject to limited exceptions: the prohibition of dismissal during illness (Article 7:670(1) of the Dutch Civil Code).

What Should Employers Check?

1. Is there a written contract with a registered company doctor or certified occupational health service?
2. Does it cover access for employees, workplace visits, the second opinion, complaints and occupational disease reporting?
3. Is it organised by tailored arrangement (collective agreement or works council) or through the safety net?
4. When an employee reports sick: is the company doctor's assessment requested in time, within six weeks?
5. Is the plan of action drawn up within two weeks of that assessment, and is a case manager appointed?
6. Is medical information kept with the company doctor and out of personnel files?

See also occupational health and safety in the Netherlands.

Key Legal Sources

• Article 14 Arbowet, the company doctor and expert assistance
• Article 14a Arbowet, the occupational health service
• Regeling procesgang eerste en tweede ziektejaar, the six-week assessment and the plan of action
• Article 32 Wet SUWI, the UWV expert opinion
• Article 7:629a and Article 7:660a of the Dutch Civil Code
• UWV: a step-by-step guide to employee sickness