Wage transparency, transition payments, and accrual of vacation days after two years of absence | Anders Denken Podcast #37 with Suzanne Meijers

Legislation surrounding labor and absenteeism is constantly changing. What seems logical today may be legally questionable tomorrow. In episode 37 of the Anders Denken Podcast, we talk to employment lawyer Suzanne Meijers about three current and complex issues: wage transparency, transition payments for long-term incapacity for work, and the possible abolition of the transition payment compensation scheme.

Wage differences and transparency: from job application to job evaluation

Transparency about remuneration is becoming increasingly important. The first step starts with recruitment. Employers are no longer allowed (and soon will not be able) to ask applicants about their salary at a previous employer. Instead, the legislation requires clarity in advance: a salary range that is appropriate for the position.

But transparency does not stop there. Organizations must provide insight into how positions are classified and how remuneration is determined. Companies with a collective labor agreement or a job evaluation system are often already further along in this process, but ultimately this applies to every organization. Are positions and scales unclear? Then the reasons for any differences must be objectively substantiated, for example, based on tasks, experience, or responsibilities.

Long-term absence and accrual of vacation days

After two years of incapacity for work, continued payment of wages generally ceases, but that does not automatically mean that all rights cease. Recent rulings show that even after those two years, vacation days can continue to accrue as long as the employment relationship formally continues.

For many organizations, this is a gray area. Especially when an employee is awaiting a WIA decision or when the termination of employment is postponed. Although the legal debate has not yet been definitively settled, many judges agree that accrued vacation days must be paid out in such situations. Good administration and timely discussions are crucial here. Don't delay, but don't rush either: clarity helps both the employer and the employee.

The transition allowance compensation: what if it disappears?

A third important theme is the intention to largely abolish compensation for transition payments in the event of long-term incapacity for work. Small employers would be spared, but medium-sized and large organizations (with 25 or more employees) would no longer be exempt.

According to Suzanne Meijers, there is a real risk here: the return of dormant employment contracts. Employers who no longer receive compensation may be inclined to formally maintain the employment contract without paying wages. This leads to uncertainty and possible legal proceedings. The advice is therefore clear: identify which employment contracts are dormant and consider terminating them before July 1, 2026, while compensation is still possible.

🎧 Curious about the detailed explanation of the legal changes regarding wage transparency and the transition allowance after two years of absence? Listen to episode #37 of the Anders Denken Podcast with labor lawyer Suzanne Meijers for clarification and tips.