Your employer wants to start a track 2 trajectory. You have to look for work outside the organisation. But is that mandatory? Can you stop it? And when is it actually justified?
You have been ill for a long time. Your employer announces that a track 2 trajectory will be started. You have to apply for jobs with other employers, through a reintegration agency. Your own position seems suddenly off the table.
The question on your mind: is this mandatory? Must you cooperate? And what if you think it is premature, or there are still possibilities within the organisation?
The answer is nuanced. Track 2 can be mandatory — but only if certain conditions are met. And even when it is mandatory, you have rights regarding the execution and timing.
Also read the overview of track 1 vs. track 2 for background.
Track 2 becomes mandatory when returning to your own position or another role within the organisation is no longer realistic. The employer must substantiate this: which possibilities were explored and why they offer no perspective.
The company doctor plays a key role. If the company doctor rules that return to own work is not possible or only in the very long term, track 2 becomes more quickly mandatory. But the advice must be specific and substantiated.
The guideline is that around week 52 a first-year evaluation takes place. If track 1 offers insufficient perspective at that point, track 2 is started. This is a guideline, not a hard deadline — the timing depends on the individual situation.
A track 2 trajectory does not mean your job is over. Both tracks can run in parallel. You work on opportunities outside the organisation while return to your own position is not formally excluded. In practice, the focus does shift.
Before track 2 is started, the employer must have seriously explored possibilities within the organisation. Adjustments to work, workplace, working hours — and other suitable positions. Without that exploration, track 2 is premature.
If track 2 is started on good grounds, you are obliged to cooperate. That means: working with the reintegration agency, applying for jobs, and making efforts to find suitable work. Refusing can lead to a salary stop.
The reintegration agency and the costs of the track 2 trajectory are paid by your employer. You do not have to pay anything. The employer chooses the agency, but the trajectory must be reasonable and appropriate.
Ask your employer in writing why track 2 is necessary. What has been explored for track 1? Why does it offer no perspective? The substantiation must be concrete, not vague.
What does the company doctor say exactly? If the company doctor considers return feasible in time, track 2 may not be justified. Ask for a clear, written assessment of your possibilities.
Have all possibilities within the organisation been explored? Adjustments, other positions, other work? If there are gaps in the track 1 exploration, that is an argument against track 2.
If in doubt, you can ask the UWV for an opinion on the employer's reintegration efforts. An expert opinion can clarify whether track 2 is justified.
If you doubt whether track 2 is justified, you can cooperate under written reservation. You participate in the trajectory but retain the right to dispute the necessity. This protects you against sanctions.
If track 2 feels like an exit strategy or the substantiation is insufficient, legal guidance is advisable. An adviser can assess whether track 2 is justified and protect your position.
"The guideline is around one year, right? My employer wants to start track 2 after just six months."
Starting earlier is possible but must be well substantiated. If there are good reasons to assume track 1 offers no perspective, track 2 can start earlier. But the burden of proof lies with the employer. Ask for substantiation and check the company doctor's advice.
"My employer says I cannot return to my position, but it was never explored whether adjustments could make it possible."
That is a serious argument against track 2. The employer must first explore whether you can return with adjustments to work, workplace, or working hours. Without that exploration, track 2 is premature. Record this in writing and involve the company doctor.
"The company doctor thinks I can return to my position in a few months. But my employer wants track 2 now."
If the company doctor considers return realistic, your employer has a weak position for track 2. Refer to the company doctor's advice and ask in writing why the employer is ignoring this advice. Consider an expert opinion if the employer insists.
"I feel my employer is using track 2 to push me out. The relationship was already poor."
This suspicion is not always unfounded. Some employers misuse track 2 as a stepping stone to termination — read also the signs that your employer wants to get rid of you. If you suspect this, document everything and seek legal assistance. An adviser can assess whether the employer has genuine motives and protect your position.
The question of whether track 2 is mandatory goes to the heart of your future with your employer. It is a decision with far-reaching consequences that must be properly substantiated.
MediRights assesses whether starting track 2 is justified. We analyse the track 1 efforts, the company doctor's advice, the timing, and the employer's substantiation.
If track 2 is premature or unjustified, we help you challenge it. If it is justified, we ensure the trajectory proceeds fairly and your position remains protected — including towards the final UWV assessment.
Have it assessed whether it is justified and what your options are. You do not have to simply cooperate if the substantiation is lacking.
Start legal intake