Your employer is not keeping agreements, the action plan does not match your limitations, or you are not being offered suitable work. These are common situations that require legal attention.
You are sick and working on your recovery. An action plan has been drawn up, agreements have been made. But the reality is different. Your employer is not keeping the agreements. The work you are given does not match your limitations. Or the build-up is going much too fast.
Sometimes it is the other way around: you want to work, but your employer is not offering suitable work. No effort is made to help you reintegrate. Weeks go by without anything happening.
In both cases, reintegration can stall. And this has far-reaching consequences. The UWV assesses at the end of two years of illness whether sufficient effort has been made for reintegration. If not, sanctions follow.
The problem: the sanctions can affect both the employer and you. As an employee, you must be able to demonstrate that you cooperated, even if your employer fell short.
Suitable work is work that matches your abilities, experience, education, and salary, taking into account your limitations. Your employer is obliged to offer this, insofar as reasonably possible within the organization.
Your employer must first try to reintegrate you within their own organization. In your own position or, if that is not possible, in another suitable position.
If reintegration within the own organization does not work, the guideline is that track 2 should start around week 52: reintegration with another employer. The exact timing depends on individual circumstances.
If necessary, your employer must adapt the work, workplace, or work equipment to your limitations. This is not a favor, but an obligation.
An action plan is not one-way traffic. The employer must draw it up together with you. You have input in the arrangements. However, refusal to cooperate can have consequences for your position.
The action plan is a legally required reintegration document. If your employer does not keep agreements, you can demand compliance. It is not a non-binding arrangement.
The plan must be adjusted if your medical situation changes - improves or worsens. Progress must be discussed at least every six weeks.
Everything must be documented in writing. Verbal agreements are difficult to prove. Make sure you always have a copy of the plan and all changes.
Explain what is not working and why. Document this conversation in writing. Sometimes there is a misunderstanding that can be resolved.
The company doctor can advise whether the activities match your limitations. If they rule that the work is not suitable, this carries significant weight. Your employer can only deviate with good reasons, but does so at their own risk.
You can formally request an adjustment to the action plan. Do this in writing and keep a copy. Your employer must respond to this.
In case of a stalemate, you can request an expert opinion from the UWV. This costs 100 euros but provides an independent opinion on reintegration efforts.
Crucial: keep fulfilling your own obligations, even if your employer falls short. This proves good employeeship and protects your position with the UWV.
If the situation escalates, legal guidance is wise. A well-documented file protects you against sanctions and strengthens your position.
"I started with 2 hours a day, but my employer wants me to go to 6 hours after two weeks. I cannot handle that."
The build-up must match your recovery. The company doctor advises on the pace. If your employer wants to go faster than is medically responsible, discuss this with the company doctor and have it documented.
"I want to work, but my employer says there is no suitable work. Meanwhile, weeks are passing."
Your employer is obliged to look for suitable work. If there are no opportunities within the organization, track 2 must be initiated. If your employer does too little, the UWV may impose a wage sanction after assessment.
"I am offered work, but it does not match my limitations. My employer says I should try it anyway."
Suitable work must match your abilities. Ask the company doctor to assess whether the work matches your limitations. The company doctor's judgment carries significant weight. Whether work is actually suitable is ultimately a medical-legal assessment.
"Agreements are in the action plan, but my employer does not keep them. When I say something about it, it is brushed off."
Agreements in the action plan carry significant weight. It is a legally required document of which compliance can be demanded. Document the violations and request compliance in writing. This is crucial for your file.
After two years of illness, the UWV assesses reintegration efforts. If there are shortcomings, sanctions follow.
If your employer has done too little for reintegration, they must continue paying wages for up to an additional year. This is a severe sanction that employers want to avoid.
If you have not cooperated with reintegration, this can have consequences for your WIA (disability) assessment. Therefore, it is crucial to document that you are cooperating, even if your employer falls short.
The UWV assesses based on the reintegration file. Everything that is not documented has not happened. Make sure you have a complete file with all communication and agreements.
Stalled reintegration is stressful. You are sick, trying to recover, and must simultaneously protect your position against an employer who falls short or puts too much pressure on you.
MediRights analyzes your reintegration file and identifies where the bottlenecks are. We assess whether your employer meets their obligations and whether the action plan matches your limitations.
Where necessary, we push for adjustment of the plan, handle correspondence with your employer, or guide an expert opinion from the UWV.
The goal: get your reintegration back on track, or protect your position if that does not work. So that at the end of two years of illness you have a strong file, regardless of what your employer has done.
Have your file assessed. Together we will ensure your reintegration gets back on track or your position is protected.
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