12 August 2024
Sometimes tensions can run high in the workplace. A (potential) labor conflict can create a very stressful situation, not only for employees but also for employers. Below are some practical tips on how employers can best handle this.
First and foremost, it must be emphasized that the employer has a significant responsibility to resolve the issue. An employer who can demonstrate that they did everything possible to prevent and/or resolve the conflict at an early stage is in a better legal position later in the process.
Our tip: make it discussable, engage in conversation. In a conversation, there is more room for mutual understanding than in an email, which could be misinterpreted. In practice, we see that email communication can sometimes spiral out of control, with emotional responses making things worse. Somethings even with senior management copied in. Try to avoid this.
If you receive such an email, it is often better not to respond (immediately). Let the emotions settle and either call each other or schedule a time to discuss the situation. A three-way conversation led by, for example, an HR staff member can also help resolve the conflict.
If the conflict continues to simmer, it is wise to seek help. You can point the employee to internal support options, such as the designated confidential advisor within the organization. Many Dutch organizations have such a “Vertouwenspersoon”, which translates as “the Trusted Person”. A conversation with this person can contribute to resolving the conflict.
If the relationships are too strained to resolve the issue internally, you can engage external mediation. You do not have to wait for the company doctor to get involved. On the contrary, if you act proactively and suggest discussing the conflict with the help of a mediator, you will likely be in a better position later in the process. For the employee, it is generally the case that they cannot refuse a mediation proposal if there is a reasonable basis for it.
If the employee reports sick, it is wise to schedule an appointment with the company doctor as soon as possible. Often, contact with the company doctor initially goes through their assistant, the so-called “occupational health consultant” or “case manager”. It may take up to six weeks before the company doctor speaks with the employee and can advise on the situation. You do not have to wait for this; you can request an urgent consultation with the company doctor. This saves valuable time and salary costs.
Once the company doctor has seen the employee, they will advise on whether the employee can reintegrate or if the conflict must first be resolved. In the latter case, the company doctor will generally recommend mediation. If your company doctor advises mediation, follow this advice as soon as possible. By acting promptly, you demonstrate as an employer that you want to resolve the problem, which can further strengthen your legal position.
Sometimes relationships are too strained to continue working together. Even mediation cannot always resolve this. If mediation fails to restore the relationships, the employment relationship is considered “permanently disturbed”. In that case, termination of the employment contract is a logical step. This can also be discussed in mediation. Under the guidance of the mediator, discussions will take place regarding the conditions for termination, which will then be recorded in a settlement agreement.
If you have reached this stage, it is wise to engage a legal professional (such as an employment law attorney). They can advise you on what conditions are reasonable and to what extent you need to provide financial compensation to the employee. Generally, as an employer, you are legally obligated to pay the statutory severance (“Transition Allowance”). However, employees may not be satisfied with just that in certain cases.
Whether – and if so, how much – additional compensation you owe as an employer depends on the degree of fault on both sides. An exact answer to this question is often difficult to provide, as both parties have their version of the story. Ultimately, both parties will need to make concessions to reach a settlement and avoid going to court.
Are you an employer and do you have questions or need advice? Don’t hesitate to contact us.
