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Occupational disability and reintegration
Occupational disability and reintegration
Occupational disability means that an employee is temporarily or permanently unable to perform his/her work due to illness or another medical cause. In the Netherlands, there is a comprehensive legal framework to support both the employer and the employee in the event of occupational disability, with the aim of helping the employee return to work as soon as possible. This process is called reintegration and involves a series of measures to ensure that the employee can (partially) resume work, possibly in another job or adapted work.
What does occupational disability and reintegration entail?
When an employee becomes occupationally unfit, the following legal obligations apply:
- Continued wage payment: during the first two years of illness, the employer is obliged to continue paying the employee’s wages (at least 70% of the wages). This period can sometimes be extended.
- Reintegration obligation: employer and employee have the obligation to do everything possible to allow the employee to return to work.
- Action plan: after reporting sick, the company doctor must make a problem analysis, after which the employer and employee must draw up an action plan together to facilitate reintegration. This plan is regularly evaluated and adjusted if necessary.
- First and second track reintegration: when returning to the employee’s own job is not possible (first track), another suitable job within the company is sought. Should this not be feasible, second-track work should be sought with another employer.
Why hire an attorney for employers?
For employers, the process of occupational disability and reintegration entails complex obligations.
- Compliance with legal obligations: I can ensure that the employer complies with the obligations regarding wage payment, reintegration and administrative requirements. This helps avoid high fines or wage sanctions from the UWV, for example if it turns out that the employer has not done enough to facilitate reintegration.
- Advice on suitable work: I can also advise on what can be seen as ‘suitable work’ in the context of reintegration.
- Conflicts with employees: unfortunately, reintegration can lead to conflicts, for example if the employee refuses to cooperate with the action plan, or if there is a difference of opinion on the degree of occupational disability. I can assist the employer in this legal dispute.
Why hire an attorney for employees?
For employees, the process of reintegration is often confusing and stressful, especially if they feel their rights are being violated.
- Protection of rights: I can check whether the employer is complying with legal obligations, such as salary continuation, the plan of action and the reintegration obligations. This is important because sometimes an employer is too quick to push for termination of employment or takes insufficient measures to facilitate a return to work.
- Refusal of suitable work: if the employee is obliged to accept adapted work that he believes is not suitable, I can help challenge this. In fact, refusing suitable work can lead to wage deductions or even dismissal.
- Employment conflict support: in some cases, a conflict may arise between employer and employee about reintegration, such as when returning to work (in another position). I can intervene in this regard or take legal action to defend the employee’s interests.
Conclusion
The process of occupational disability and reintegration is complex and can lead to conflicts or legal problems for both employers and employees. For employers, it is essential to engage an attorney to ensure they comply with their legal obligations and avoid risks such as wage sanctions or conflicts. Employees can use an attorney to protect their rights and ensure that their reintegration is careful and fair. In both cases, legal assistance can ensure that the reintegration process runs more smoothly and that both parties can represent their best interests.
The information on this page is for informational purposes only and should not be considered specific legal advice. For personalized advice, please contact Ok Legal. Please note that the content of this page may change without notice and Ok Legal is not liable for any inaccuracies and/or missing information.
