Your employer wants to start a track 2 trajectory. This means you will (also) look for work with another employer. Track 2 does not automatically exclude returning to your own position: both tracks can run in parallel. However, it is a significant step that must be properly substantiated.
You have been sick for a longer period. And then you are told that your employer wants to start a track 2 trajectory. You have to look for work with another employer. Your own job is apparently no longer an option.
This often feels like a signal that your employer wants to get rid of you. In some cases, track 2 is indeed used with the aim of terminating the employment contract. Learn more about sick leave and employment.
But track 2 can also be justified. If there really are no opportunities within your own organization to work, or if reintegration is not going well, reintegration elsewhere makes sense. The question is: is that the case here?
The answer depends on what has been investigated. Has track 1 been sufficiently examined? Have all possible adjustments been investigated? Or is the conclusion that return is not possible made too quickly?
In a track 2 trajectory, you reintegrate not within your own organization, but look for suitable work with another employer. Your employment contract with your current employer remains (temporarily) in place.
As a guideline, a first year evaluation takes place around week 52. This is not a hard legal deadline but a common practice norm. Employer and employee evaluate the reintegration up to that point. The prognosis for return and the file determine whether track 2 is advisable.
The exact timing depends on the individual situation: the nature of the limitations, the possibilities within the organization, and the prognosis for recovery. If the employer starts too late while track 1 was evidently not possible, this can weigh in the UWV assessment.
Whether track 2 is necessary depends on reasonableness and concrete possibilities. It is not just about "whether track 1 works," but about a weighing of what is possible within the organization, the prognosis for return, and whether waiting longer is useful.
Sometimes tracks 1 and 2 run in parallel. You then work on recovery and possible return to your own work, while at the same time exploring options outside the organization.
If your employer has not seriously looked at opportunities within the organization, track 2 is too early. Adjustments to work, workplace, or working hours must first be investigated.
If the company doctor indicates that return to own work (in time) is possible, track 2 is not immediately necessary. The company doctor's judgment carries significant weight in this assessment.
If your recovery is still ongoing and return in a few months seems realistic, track 2 may be premature. There must be a reasonable estimate that track 1 will not succeed.
If track 2 has been justly started, you are obliged to cooperate. This means: keeping appointments, applying for jobs, and making an effort to find suitable work.
If you do not cooperate with a justified track 2 trajectory, your employer can stop or suspend your salary. This does require a prior written warning and must be proportionate.
Keep evidence of all your activities: job applications, interviews, training. This protects you against accusations that you are not cooperating.
"I have only been sick for three months and my employer already wants to start track 2. Does that not feel too early?"
Timing depends on circumstances. As a guideline, track 2 often starts around week 52, but this is not a hard norm. Starting earlier can be justified if the prognosis for return to own work is unfavorable. Ask for substantiation. Moreover, track 2 does not exclude return to your own work.
"My employer says I cannot return to my position, but adjustments or other work have never been examined."
Track 1 must be investigated first. Your employer is obliged to investigate whether you can work with adjustments, or whether there are other suitable positions. Only then does track 2 come into view.
"My employer has chosen a reintegration agency, but I have no confidence in it. May I suggest another agency?"
You can express a preference. The employer has control, but the trajectory must be reasonable and suitable for your situation. You have no formal veto right, but your interests do count. Discuss your concerns.
"I feel that track 2 is being used to push me out of the company. The relationship with my employer has been tense for a while."
This happens. Some employers misuse track 2 as a stepping stone to termination. If you suspect this, it is important to protect your position and document what is happening.
If no work has been found after two years of sick leave, the WIA assessment follows. The UWV assesses your incapacity for work and right to benefits.
The UWV also assesses reintegration efforts. If the employer has done too little, a wage sanction can follow. Your own efforts are also assessed.
Everything you have done for track 2 must be documented. Applications, rejections, training, interviews. This protects you against accusations that you have not cooperated.
Ask your employer in writing why track 2 is necessary. What has been investigated for track 1? Why can you not return? Keep the answer.
What does the company doctor say about your opportunities? If they see return to own work, track 2 may not be justified. Ask for clear advice.
In case of doubt, you can request an expert opinion from the UWV. The precise question is important: it can be about employer efforts, suitable work, or your own efforts. This costs 100 euros.
Keep all communication, reports, and agreements. This is crucial if there is later discussion about who did what.
Even if you doubt whether track 2 is justified, cooperation is advisable. Refusal can lead to salary sanctions. You can formally object and document your efforts.
If you doubt whether track 2 is justified, or if it feels like an exit trajectory, legal guidance is wise. This protects your position.
The announcement of a track 2 trajectory is significant. It often feels like the beginning of the end of your job. And sometimes that is what the employer intends.
MediRights assesses whether track 2 is being proposed justly. We analyze what has been done for track 1, what the company doctor advises, and whether the timing is correct.
If track 2 is premature or unjust, we support in pushing back. If it is justified, we ensure the trajectory proceeds fairly and your position remains protected.
The goal: clarity about your situation and protection of your interests. So you do not unnecessarily leave your job, and if that does happen, it is under the right conditions.
Have it assessed whether it is justified and what your options are. Protect your position before the trajectory starts.
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