<a href="https://www.uwv.nl/en" rel="noopener" target="_blank">UWV</a> Expert Opinion (Deskundigenoordeel) in the Netherlands

Eva Jongepier - employment lawyer in the Netherlands
April 23rd, 2026

UWV Expert Opinion (Deskundigenoordeel) in the Netherlands

UWV Expert Opinion (Deskundigenoordeel) in Dutch Employment Law

The deskundigenoordeel is an official assessment issued by the UWV (Uitvoeringsinstituut Werknemersverzekeringen) that provides an independent opinion on specific questions arising during sick leave and reintegration. Either the employer or the employee can request a deskundigenoordeel during the two-year sick leave period. It is the primary official mechanism for resolving disputes between employer and employee about fitness for work, suitable work, and the adequacy of reintegration efforts.

Unlike the bedrijfsarts opinion, which is provided by a doctor selected and paid by the employer, the deskundigenoordeel is issued by a UWV labour expert (arbeidsdeskundige) or a UWV verzekeringsarts (insurance doctor), and is formally independent. It does not have the status of a binding legal decision, but Dutch courts and the UWV itself give it significant weight in subsequent disputes and in the WIA assessment at the end of the two-year period.

Three main types of deskundigenoordeel under Dutch law

Fitness for own or other suitable work: The UWV assesses whether the employee is genuinely unable to perform their own work or the suitable alternative work proposed by the employer.
Adequacy of reintegration efforts: The UWV assesses whether the employer's reintegration activities comply with the Wet verbetering poortwachter. A negative verdict here can result in a loonsanctie at the WIA assessment stage.
Suitability of offered work: The UWV assesses whether the work the employer has offered as alternative or spoor 2 work is genuinely suitable given the employee's medical limitations.

Cost and timing of a deskundigenoordeel in the Netherlands

At the time of writing, a deskundigenoordeel costs €100 for the employee and is free for the employer. The process takes approximately four to six weeks. The assessment is not retrospective: it addresses the situation at the time of the request. For related topics, see the second opinion procedure, reintegration obligations, and the company doctor. Consult an employment lawyer in the Netherlands to decide whether and when to request a deskundigenoordeel.

Sick pay claims under Article 7:629 of the Dutch Civil Code will only be accepted by courts if accompanied by a certificate from a UWV-appointed expert on the employee's inability to perform contracted or suitable work (Article 7:629a(1) of the Dutch Civil Code), making the UWV physician the practical arbiter in most disputes. Costs of sick pay proceedings are borne by the employer under Article 7:629a(6) of the Dutch Civil Code, and the deskundigenoordeel plays a central role in triggering the extension of the wage continuation period under Article 7:629(11) of the Dutch Civil Code where employer reintegration failures are identified.

Frequently Asked Questions

Is the UWV deskundigenoordeel binding on the employer?

No, not in a strictly legal sense. However, if the employer ignores a deskundigenoordeel that finds the employee unfit for work and continues to withhold sick pay, the employee can enforce payment through the kantonrechter and will have a strong case. Conversely, if the deskundigenoordeel finds the employee fit for work and the employee continues to refuse, the employer has a documented basis for wage suspension under Article 7:629(3) of the Dutch Civil Code.

When should an employer request a deskundigenoordeel?

The employer should consider a deskundigenoordeel when the employee disputes the bedrijfsarts finding that they are fit for work, refuses suitable alternative work, or claims that the employer's reintegration efforts are insufficient. Having a formal UWV opinion provides legal certainty and creates a documented record that supports any subsequent wage suspension or - after two years - the WIA assessment.

Can a deskundigenoordeel be used as evidence in court?

Yes. Dutch courts routinely admit deskundigenoordeel reports as evidence in wage disputes and dismissal proceedings related to sick leave. While not binding, a court is unlikely to depart from a well-reasoned UWV assessment without independent medical evidence to the contrary. Employers and employees should therefore treat the deskundigenoordeel seriously and, if they intend to dispute it, obtain independent expert evidence.

What happens if the UWV finds the employer's reintegration insufficient?

If the UWV's final reintegration assessment at the end of two years finds that the employer's efforts were inadequate, it imposes a loonsanctie: the employer must continue paying wages for an additional period of up to 52 weeks while the reintegration deficiencies are corrected. Only once the deficiencies are remedied can the employer apply to end the obligation. The loonsanctie cannot be insured and represents a significant financial penalty.