The Company Doctor (Bedrijfsarts) in the Netherlands
The bedrijfsarts (company doctor or occupational physician) is a central figure in the Dutch sick leave and reintegration system. Every employer in the Netherlands is legally required to have access to a bedrijfsarts under Article 14 of the Arbeidsomstandighedenwet (Arbowet). The bedrijfsarts assesses whether an employee is medically unfit for work, advises on reintegration possibilities, and prepares the mandatory probleemanalyse (problem analysis) within the first six weeks of sick leave under the Wet verbetering poortwachter.
Despite being engaged and paid by the employer, the bedrijfsarts is bound by professional independence. Under the Arbowet and the professional code of the Nederlandse Vereniging voor Arbeids- en Bedrijfsgeneeskunde (NVAB), the bedrijfsarts may not simply report what the employer wants to hear. The assessment must reflect the employee's actual medical situation and functional capabilities, and the bedrijfsarts has a confidentiality obligation: clinical details may not be shared with the employer without the employee's consent.
What the bedrijfsarts does and does not do under Dutch law
- Assesses whether the employee is medically unfit for their work (arbeidsongeschikt).
- Identifies the employee's residual functional capacities and advises on suitable alternative work.
- Prepares the probleemanalyse and advises on the plan van aanpak.
- Does NOT determine sick pay entitlement - that is the employer's decision based on the bedrijfsarts advice.
- Does NOT share diagnoses with the employer - only functional limitations and reintegration advice.
Disputes about the bedrijfsarts opinion in the Netherlands
Employer and employee may both disagree with the bedrijfsarts assessment. The Arbowet provides two mechanisms: (1) the employee may request a second opinion from another bedrijfsarts at the employer's cost; (2) either party may request a deskundigenoordeel (expert opinion) from the UWV, which is the authoritative assessment in case of conflict. See our dedicated pages on second opinion procedures and the UWV deskundigenoordeel. For the broader sick leave framework, consult an employment lawyer in the Netherlands.
The obligation for every employer to be affiliated to an occupational health service (arbodienst) was introduced in 1994, but was amended after the CJEU condemned the original arrangement for failing to give priority to internal services under Article 7(3) of Directive 89/391/EEC; Dutch law now gives priority to in-house P&P services under Article 14 and 14a HSA. A subsequent Amendment Act strengthened the independent position of the company doctor and better guaranteed worker access under Article 14 HSA, and company doctors now have a specific duty to report occupational illnesses to the authorities under Article 9(3) HSA.