Your employer wants to start a track 2 trajectory, but you do not want to participate. Perhaps you think it is premature, unjustified, or you still see possibilities in your own position. Can you refuse? And what are the consequences?
You are confronted with the start of a track 2 trajectory. You feel your employer is giving up too soon. There are still possibilities within the organisation that have not been explored. Or the company doctor indicates return is possible, but your employer wants to place you outside the organisation anyway.
Or perhaps you are simply unable to apply for jobs. Your health does not allow it. The energy that the track 2 trajectory requires comes at the expense of your recovery. You want to focus on getting better, not on job applications.
Refusing feels logical, but it is legally risky. If track 2 has been legitimately started and you refuse to cooperate, your employer can stop your salary. That makes it crucial to know when you can refuse and how to do it.
First read whether track 2 is mandatory in your situation before deciding to refuse.
If track 2 was legitimately started and you refuse to cooperate, your employer can stop your salary (art. 7:629 paragraph 3 Dutch Civil Code). The employer must first warn you in writing. But if the warning has been given and you continue to refuse, the salary stop is generally valid.
The UWV also assesses your efforts as an employee after two years. If you did not cooperate with track 2 without good reason, this can count negatively. Always document why you object.
Refusing without proper substantiation worsens the relationship with your employer. That makes it harder to reach a solution later — whether it concerns return, a settlement agreement, or another arrangement.
You can refuse track 2 if it was started unjustifiably — for example if track 1 was not properly explored or if the company doctor considers return possible. But you must substantiate that ground in writing and specifically. Refusing without motivation is legally weak.
If you doubt whether track 2 is justified, cooperating under written reservation is often wiser than refusing. You participate in the trajectory but retain the right to dispute the necessity. This protects you against a salary stop while your objection is being reviewed.
In a disagreement about the necessity of track 2, a UWV expert opinion can provide clarity. The UWV then assesses whether the reintegration efforts (including the start of track 2) are adequate.
If your health does not allow job applications, that is a valid reason. But the company doctor must confirm this. "I do not feel up to it" is insufficient — you need a medical assessment stating your capacity for application activities is limited.
State specifically why you believe track 2 is not justified. Refer to the company doctor's advice, the track 1 efforts, and your own situation. A motivated objection is many times stronger than a simple refusal.
Ask the company doctor explicitly whether track 2 is necessary given your limitations and possibilities. If the company doctor still considers track 1 viable, that is a strong argument to postpone track 2.
If you do not want the risk of a salary stop, cooperate but record in writing that you object to the necessity. This protects you while the discussion continues.
Have the UWV assess whether starting track 2 is justified. The expert opinion costs EUR 100 but provides an independent opinion that carries significant weight.
Require your employer to substantiate in writing why track 2 is necessary. Which track 1 possibilities were explored? Why do they offer no perspective? Without substantiation, starting track 2 is challengeable.
Before you definitively refuse, get advice. A legal adviser can assess whether your objection has a chance of success and determine the best strategy — refusing, cooperating under reservation, or requesting an expert opinion.
"I said I would not cooperate with track 2. Now I received a letter saying my salary will be stopped if I do not participate."
Take this threat seriously. If track 2 is justified and you refuse, the employer may stop your salary after a warning. Quickly assess whether your refusal is legally tenable. If uncertain, consider cooperating under reservation and requesting an expert opinion in parallel.
"I have serious psychological complaints. Job applications are too demanding. But my employer says I must cooperate."
Have the company doctor confirm that you are unable to apply for jobs. A medical assessment stating your capacity for application activities is insufficient protects you against a salary stop. Without that assessment you are legally weak.
"I am cooperating with track 2, but the reintegration agency does hardly anything. It feels like wasted money."
The quality of the trajectory is your employer's responsibility. Document what is not going well and report it to your employer in writing. You can request a different agency or adjustment of the trajectory. Your cooperation is assessed on what you do, not on the result.
"If return is not going to work anyway, I would rather have a proper exit package than months of track 2."
That is a valid wish, but do not use it as a reason to refuse track 2. Refusing track 2 as leverage for a settlement agreement is legally risky. Cooperate with track 2 and discuss the possibility of an exit package in parallel, preferably with legal guidance.
The decision to refuse track 2 has far-reaching consequences. A wrong step can lead to a salary stop lasting months. But if track 2 is unjustified, you do not have to simply cooperate.
MediRights assesses whether your objection has a chance of success. We analyse the employer's substantiation, the company doctor's advice, and your specific situation.
Based on this, we advise the best strategy: refusing with substantiation, cooperating under reservation, requesting an expert opinion, or negotiating an alternative. The goal: protecting your income and position.
First have your objection assessed for viability. The right strategy protects your income and your position.
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