PhD defence: Eigenrisicodragen bij ziekte en arbeidsongeschiktheid – Gevolgen voor de eigenrisicodragers en hun (ex-) werknemers

On Friday, February 28, Hendarin Mouselli will defend her dissertation entitled: "Eigenrisicodragen bij ziekte en arbeidsongeschiktheid – Gevolgen voor de eigenrisicodragers en hun (ex-) werknemers".

With regard to the Sickness Benefits Act (ZW) and the Return to Work (Partially Disabled Persons) Regulations (WGA), employers have a choice between taking out public insurance or bearing the excess themselves. This doctoral thesis provides insight into how rules governing self-insurance for ZW and WGA promote or hinder sick leave and reintegration by the current or former employee and how the rules affect the legal position of the current or former employer and the current or former employee.

By being self-insured, employers become directly responsible for the reintegration and payment of ZW and WGA benefits to their employees and former employees. They are also given administrative powers. Under the ZW, self-insured employers are given the authority to prepare certain administrative decisions for the Employee Insurance Agency (UWV). Under the WGA, self-insured employers have more far-reaching authority and are authorised to make certain administrative decisions (in the first instance and in objection procedures) as autonomous administrative bodies.

Given the authority vested in employers and former employers vis-à-vis employees and former employees, the ZW and the Work and Income (Capacity for Work) Act (WIA) contain various rules to prevent misuse of self-insurance. However, this doctoral thesis shows that self-insurance creates several bottlenecks that could be detrimental to the legal position of those involved and to the effectiveness of the system.