Legal basis
Under an amendment to Section 4 of the Dutch Regulation on the Procedure for the First and Second Year of Illness (Regeling procesgang eerste en tweede ziektejaar), published in the Government Gazette on 17 May 2023, employers and employees are required, from 1 July 2023, to give their view on the reintegration process.
View
This new regulation formalises what many employers and employees already do in practice. Illness is and remains a shared responsibility with corresponding rights and obligations, which now also include giving a view. The view can be recorded at multiple points in time. It can, for example, concern work capacity, suitable work, or doubts about the company doctor’s advice.
The purpose of the regulation and of giving this view is to ensure that the employee can successfully return to their own role, an adapted role with their own employer, or, if necessary, with a different employer. The view is aimed at both the shorter and the longer term, which means that the employer and employee can regularly revise the view where needed.
Background
It is important that the reintegration of sick employees proceeds, and continues to proceed, as smoothly as possible. Employers and employees share responsibility for this. The conversation between employee and employer is an indispensable part of that.
No retroactive effect
The amendment applies from 1 July 2023 and has no retroactive effect. Existing reintegration processes therefore do not need to be adjusted on this point. In an ongoing process, however, it is advisable to start including the view from 1 July 2023. Furthermore, the Employee Insurance Agency (UWV) will not impose a wage sanction if, after two years, it turns out that no view has been included in the action plan for illness files that began well before 1 July 2023.
Do you need help reintegrating an employee within your organisation? The lawyers of The Legal Company specialise in this and are happy to help. Contact us directly via info@thelegalcompany.nl or call 020 345 0152.