Help with Legal Questions About Work & Illness

Questioner

My partner got sick a year ago, after the diagnosis he started on medication. He did have a one year driving ban, but that is now over. His illness is now completely under control with the help of medication. However, he was still reported sick at work for 20% because he was not allowed to do all the work due to his driving ban, such as driving a forklift. This means that he has been doing at least 90% of his work in the 5-shift system for 3/4 of a year now. According to his direct supervisor, there is nothing wrong with his work and his illness has no impact on his work. Now after the first-year interview with the company doctor and HR, it suddenly emerged that he would no longer be able to do his job because he would pose too much of a risk. And a process would be started to get him to work somewhere else. In the meantime, there was never any talk of him not being able to do his job. This really hit us cold. Is this allowed and can we do something about it?

Lawyer

After illness, the following schedule applies to reintegration: 1. resumption of own work; 2. resumption of own work in an adapted form; 3. resumption of suitable work with the employee's own employer; 4. resumption of suitable work with another employer (2nd track). See also the FNV brochure 'Those who write, remain' Whether your husband can do his own work, in an adapted form or not, I cannot judge based on your information. In practice, many employers regularly make mistakes in this regard. It seems as if this employer is also not using the correct system. I therefore advise you to contact a specialized labor law attorney as soon as possible.