When sick leave and conflict coincide, it becomes complex. MediRights guides you through this difficult situation.
Was the conflict first or the sick leave? In practice, they often reinforce each other. A conflict causes stress, stress leads to complaints, and the complaints complicate resolving the conflict. You end up in a downward spiral that's difficult to escape from.
Important distinction: situational incapacity for work is legally different from sick leave within the meaning of Article 7:629 of the Dutch Civil Code. With situational incapacity for work, you are not medically ill, but cannot work for this specific employer. The Supreme Court has confirmed that even in such situations, entitlement to salary can exist (Article 7:628), but the protection is different from regular sick leave. If you are able to perform other work, the employer can require you to do so.
Each year, an estimated 70,000 to 100,000 sick reports are the result of an underlying workplace conflict. Often these involve mental health issues. It's a common problem that requires a nuanced approach. Not only the medical side needs to be addressed, but also the conflict itself.
MediRights guides employees who find themselves in this difficult situation. We help unravel the situation, protect your legal position and guide you towards a solution.
Situational incapacity for work means you cannot work for this employer, but possibly could for another employer. The cause lies in the work situation.
Situational incapacity for work is generally not sick leave within the meaning of Article 7:629 of the Dutch Civil Code, although Article 7:629 may apply when there is a medical component. It often falls under Article 7:628: no work, still salary. The Supreme Court ruled that even in this case, entitlement to salary can exist.
With situational incapacity for work, salary payment may continue, depending on the circumstances and your own efforts. The employer cannot simply stop paying, but salary withholding is possible if you don't cooperate with a solution.
Please note: with situational incapacity for work, you as an employee have an active obligation to make effort. You must do everything reasonable to break the situation: enter into dialogue, cooperate with mediation, or perform other work that you are able to do. Passive waiting can lead to salary withholding or other measures.
The employer must also actively work on a solution. Ignoring the conflict or only applying pressure is insufficient. The employer must contribute to breaking the impasse.
The company doctor assesses whether there is incapacity for work. They distinguish between medical and non-medical factors. Even with situational complaints, they can establish incapacity for work.
The company doctor often advises a short intervention period. The STECR method advises a time-out of maximum 14 days, although this is not a statutory term. During this period, you stay away from work to rest, with continued salary.
The company doctor can advise mediation to resolve the conflict. Mediation cannot be legally enforced, but not cooperating with mediation can have consequences for your salary payment or your position.
The STECR method for Workplace Conflicts provides guidance for company doctors. This guideline describes how to handle sick reports where a workplace conflict is involved.
Mediation is legally not mandatory, but refusal without good reason can have consequences. It's important to make this decision carefully. MediRights advises on the strategic aspects of whether or not to cooperate with mediation.
We ensure your salary continues to be paid. A salary suspension in a workplace conflict is not simply permitted. The employer must demonstrate that you are not cooperating with a solution.
Important: with purely situational incapacity for work (without a medical component), the dismissal prohibition of Article 7:670 of the Dutch Civil Code does not apply. Protection is then less strong than with regular sick leave. Whether dismissal is possible depends on the specific circumstances, such as your own efforts and whether restoration of the employment relationship is still possible.
In case of a dispute about your incapacity for work or reintegration, you can request an expert opinion from the UWV. This can clarify your position.
We help build a good file. Written communication, records of discussions and other documentation can be crucial for your position.
Through discussions or mediation, the conflict can be resolved. You return to work, possibly with adjustments or agreements. This is the best outcome if the employment relationship can still be repaired.
Sometimes returning to the same position or department is not feasible. Redeployment within the organization can be a solution. You keep your job, but in a different place.
If no internal solution is possible, reintegration with another employer can be pursued. The employment relationship remains intact; track 2 does not automatically lead to termination but can be part of a process towards it.
If the employment relationship is irreparably damaged, termination through a settlement agreement can be the best option. We negotiate good terms.
We unravel the situation: what is conflict, what is sick leave, where is the core? A clear picture is necessary for the right strategy.
We determine together the best approach: focus on restoring the relationship, negotiate about departure, or prepare for a legal confrontation.
We protect your continued salary payment. In case of unjustified salary suspension or threat thereof, we take action to secure your income.
If mediation is used, we advise on preparation and strategy. We cannot be present at the sessions, but we help you be optimally prepared.
If termination is the best option, we negotiate on your behalf about the terms. Compensation, end date, reference letter and other aspects are carefully arranged.
If it comes to legal proceedings, we stand by you. From expert opinion to subdistrict court, we guide you through the process.
With a WIA application, the UWV assesses how the reintegration process has gone. A workplace conflict can play a role in this.
If the company doctor advised mediation and this was not initiated or not in time, the UWV may rule that reintegration was insufficient. This can lead to a salary sanction for the employer.
An unresolved conflict may have hindered reintegration. The UWV assesses whether both parties have done enough to resolve the conflict.
A salary sanction for the employer can in certain situations strengthen your negotiating position. The employer must continue paying longer and may be willing to offer a better departure arrangement, although this depends on the specific circumstances.
We help you get the reintegration file in order for the UWV assessment. A good file can make the difference.
Complex situations require specialized guidance. Have your situation assessed by MediRights.
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