What to do if an employee does not cooperate with reintegration?

Reintegration obligation: what does the law say?

According to the Improvement of Gatekeeping Act, both the employer and the employee are required to actively work towards the employee’s return to work. This applies even if the employee is not yet able to perform their old job. In consultation with the company doctor, suitable work is sought, both within and outside the organization.

Obligations of the employee and employer

The employee has the following obligations:

• Active cooperation: The employee must actively cooperate in the reintegration process, adhere to reasonable guidelines, and participate in the action plan.
• Compliance with agreements: The employee must comply with the agreements and guidelines outlined in the action plan.
• Collaboration on suitable work: If necessary, the employee must cooperate with suitable work within or outside the company.
• Utilizing opportunities: The employee must make use of all opportunities for suitable work.

The employer must, among other things:

• Timely establish an action plan;
• Engage experts (e.g., company doctor, reintegration agency);
• Consider adjustments to the work;
• Consult with the employee;
• Document the reintegration measures that have been taken.

Suspending or terminating salary

In some cases, the employer may (partially) suspend or terminate the salary if the employee does not cooperate with reintegration without valid reason. However, strict conditions apply:

• There must be a failure to meet reintegration obligations by the employee;
• The employee must first have received a written warning.

Note: Suspension is temporary; in the case of a salary termination, the salary will no longer be paid structurally as long as the behaviour continues.

Dismissal due to blameworthy conduct

In cases of repeated or structural refusal to cooperate, this may constitute blameworthy conduct, which could lead to dismissal. A well-documented file is necessary, containing all communication, advice, and attempts at reintegration.

Practical steps for employers: a step-by-step plan

1. Early detection: Maintain regular contact with the sick employee and monitor the progress of reintegration.

2. Clear action plan: Develop a concrete plan with the employee and company doctor, including milestones and responsibilities.

3. Communication & consultation: Hold regular meetings and document these in writing.

4. Document everything: Keep records of emails, invitations, reports, advice, and responses from the employee.

5. Warn the employee: Provide a written warning if the employee refuses to cooperate.

6. Involve experts: Timely engage the occupational health service, your company doctor, or an external reintegration advisor.

7. Apply sanctions with proportionality in mind: Carefully weigh whether salary suspension or dismissal is justified. Seek legal advice before taking drastic measures.

More information

Do you have any questions regarding this blog or require legal advice? Please feel free to contact us.