Termination Due to Failure to Comply with Reintegration in the Netherlands

In the Netherlands, employment law requires both employers and employees to follow strict procedures during illness and reintegration. If an employee fails to comply with their obligations during the reintegration process, it can result in termination of employment. This article explores a recent Dutch court case that highlights the legal standards and consequences involved when employees are unreachable during the reintegration process.

The Legal Framework for Reintegration in the Netherlands

In the Netherlands, when an employee is declared ill, the reintegration process is a collaborative effort between the employer, employee, and company doctor. The Dutch Civil Code outlines specific obligations that both parties must meet to facilitate a return to work.

Failure to comply with these obligations can lead to termination, particularly under Article 7:669, paragraph 3, sub e of the Dutch Civil Code. However, even when an employee fails to comply, the law ensures a fair evaluation of circumstances, including psychological factors, before termination is granted.

Case Summary: Failure to Comply with Reintegration Obligations

A recent ruling by the Overijssel District Court illustrates how Dutch courts handle situations where an employee fails to engage in the reintegration process. Here are the key details of the case:

• Employee Role: Technical teaching assistant at a reformed school community, employed since August 2022.
• Illness Report: The employee reported sick in September 2023 due to psychological problems.
• Reintegration Failures: Despite instructions from the company doctor and repeated attempts from the employer to contact the employee, the individual failed to attend consultations and remained unreachable. The employer suspended wages and eventually sought termination.

Court’s Ruling

The employer requested termination based on the employee’s culpable failure to comply with reintegration obligations. The court ruled in favour of the employer, determining that:

• Culpable Conduct: The employee’s unreachability was considered culpable, even though psychological issues contributed to the situation. Despite his condition, the employee was still in contact with other people, demonstrating that he could have communicated with his employer.
• Employer’s Actions: The employer acted in accordance with legal obligations by sending written notices and suspending wages after multiple failed attempts to contact the employee.
• Psychological Factors Considered: The court considered the employee’s mental health but found no serious culpability, approving termination with statutory compensation.

Key Legal Takeaways for Employers and Employees

This case serves as a valuable precedent in Dutch employment law, highlighting important lessons for both employers and employees:

• For Employers:
  • Always follow correct legal procedures, including written notices and wage suspensions, when an employee fails to comply with reintegration obligations.
  • Maintain a clear record of communication attempts and medical advice.
  • If the employee is unreachable, consider seeking contact through family or other known personal contacts.
• For Employees:
  • Remain communicative with your employer, even during illness, especially when psychological issues are involved.
  • Failure to comply with reintegration obligations can lead to termination, even if you are unable to work.
  • Seek support and advice if you are struggling with the reintegration process due to psychological challenges.

In Summary – Clear Communication is Key

The recent Overijssel District Court ruling reinforces the importance of clear and consistent communication between employers and employees during the reintegration process. While psychological factors can influence the court’s assessment, failure to meet reintegration obligations can still result in termination with compensation.

both parties must act in good faith to ensure a smooth and fair reintegration process. When this does not happen, Dutch employment law provides structured pathways for termination, protecting the rights of both employers and employees.

360 Business Law can assist employers and employees by providing expert legal advice on employment law, including handling cases of termination due to non-compliance with reintegration obligations. With a deep understanding of Dutch employment law, they offer guidance on navigating complex legal processes, ensuring both parties meet their obligations and rights are protected. Whether you’re facing a potential termination or managing employee relations, 360 Business Law provides tailored support to achieve fair outcomes.

By Cindy Schroeten