Conflict about the action plan

The action plan is the document that guides your reintegration. But what if you disagree with it? If the agreements are wrong, the pace is too high, or your employer decides unilaterally?

Do you recognise this?

Your employer has drawn up an action plan — or wants you to sign one. But the content is wrong. The agreements do not align with the company doctor's advice. The pace is too high. Or there are obligations you cannot meet.

Perhaps the plan was drafted without your input. Or you raised objections but they were ignored. Your employer expects you to sign and threatens consequences if you do not.

The action plan is a legally required document. It must be drawn up jointly and adjusted regularly. It is not a one-way street — you have a say. But how do you exercise that right when your employer is not listening?

This problem often occurs in a broader context of stalled reintegration. The action plan is where all agreements come together — and therefore where conflicts become visible.

Signs you recognise

  • -> Plan was unilaterally drafted by employer
  • -> Agreements do not match company doctor's advice
  • -> The pace is too high
  • -> Your objections are ignored
  • -> Consequences are threatened if you do not sign
  • -> The plan is not updated when circumstances change

Why this happens

1

UWV pressure

The employer knows the UWV will assess the reintegration file after two years. An action plan is mandatory. Some employers draft the plan to fill the file, not to properly structure the reintegration process.

2

One-sided perspective

The employer views the plan from the organisation's interest: when will you be fully available? Your perspective — what you can handle, what you need — sometimes gets insufficient attention. That leads to a plan that works on paper but not in practice.

3

Lack of consultation

Sometimes there is simply too little discussion. The employer drafts the plan, sends it for signature, and expects agreement. The step of joint consultation is skipped, resulting in a plan that does not fit your situation.

What you need to know

The plan must be drafted jointly

The law requires that the action plan is drawn up in consultation between employer and employee. The employer leads, but you have input. A plan drafted without your involvement does not meet the legal requirements.

You do not have to sign if it is wrong

Signing a plan you disagree with is not mandatory. But do not refuse without explanation. State in writing which points you dispute and why. Make a counter-proposal. This shows you are willing to cooperate but do not agree with the content.

The company doctor's advice is leading

The plan must be based on the company doctor's advice about your work capacity and capabilities. Agreements that deviate from that advice — such as a faster return pace or imposed suitable work — are problematic. Refer to the advice when you object.

The plan must be regularly updated

When your situation changes, the plan must be adjusted. The guideline is to evaluate every six weeks. A plan that remains unchanged for months while your situation has changed does not meet the requirements.

What can you do?

1

Identify specifically what is wrong

Make a point-by-point list of what is incorrect. Per point: what does it say, what should it say, and why. Send this in writing to your employer with cc to the company doctor.

2

Make a counter-proposal

Do not just refuse — offer an alternative. Propose which agreements would be suitable for your limitations. This demonstrates your willingness to cooperate with your reintegration.

3

Involve the company doctor

Ask the company doctor to review the plan against your limitations. If the company doctor confirms the plan does not fit, you have a powerful argument for adjustment.

4

Sign with reservation

If your employer insists on a signature, you can sign with a written reservation. Note which points you do not agree with. This way you sign for receipt, not for agreement.

5

Request a UWV expert opinion

At an impasse, you can ask the UWV for an opinion on the reintegration efforts. An expert opinion can clarify whether the plan is reasonable.

6

Seek legal assistance

If the conflict continues and your employer threatens sanctions, legal guidance is advisable. An adviser can review the plan and respond on your behalf.

Good action plan vs. one-sided plan

Good action plan

  • Jointly drafted in consultation
  • Based on company doctor's advice
  • Realistic return-to-work schedule
  • Regular evaluation moments
  • Room for adjustment when circumstances change

One-sided / problematic plan

  • Drafted by employer without consultation
  • Deviates from company doctor's advice
  • Too-fast pace or unrealistic goals
  • No evaluation moments
  • Objections are ignored
  • Pressure to sign without input

Common situations

"The plan was drafted without my input"

"I received a ready-made plan by email with a request to sign. There was never any consultation."

The plan must be drafted jointly. Respond in writing that you are willing to work on the plan but first want to discuss the content. Identify which points you want to address.

"The agreements do not match what the company doctor says"

"The company doctor advised building up to 2 hours per day. The plan says 4 hours per day from next week."

Refer to the company doctor's advice. The plan must follow the advice. Send your employer an email with the specific discrepancy and request adjustment. Involve the company doctor if the employer refuses. Also read about reintegration that is too fast.

"My employer threatens if I don't sign"

"My employer says if I don't sign the plan, they will suspend my salary. But I disagree with it."

Not signing is not the same as not cooperating. Sign with a written reservation or refuse with stated reasons. Explain which points you disagree with and make a counter-proposal. This shows you are willing to cooperate but do not blindly agree.

"The plan has not been updated in months"

"My situation has changed — I can do less than before — but the plan is still the same as months ago."

Request an update in writing. The plan must be adjusted to changes in your situation. Refer to the evaluation obligation and request a new consultation with the company doctor to establish your current work capacity.

What MediRights can do for you

A conflict about the action plan strikes at the core of your reintegration. The plan determines what is expected of you and what your employer must do. If the plan is wrong, everything stalls.

MediRights reviews the plan against the company doctor's advice, the legal requirements, and what is reasonable in your situation. We assess whether your objections are justified and help you communicate them effectively.

Where needed, we propose an adjusted plan, handle correspondence with your employer, or guide you through an expert opinion. The goal: a plan that works for your recovery, not just for your employer's file.

Our approach

  • V Review of action plan against law and advice
  • V Analysis of your objections
  • V Drafting a counter-proposal
  • V Correspondence with employer
  • V Guidance through expert opinion
  • V Protection against unjustified sanctions

Conflict about the action plan?

Have the plan reviewed. You have the right to input and to agreements that match your limitations.

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