Rights in reintegration: get more out of your situation


Questioner

For about 2 months now I have been reintegrating from illness at work. I have a contract in a hospital as a paramedic for 24-36 hours per week. During the period that my contract changed from 36-37 hours per week to 24-36 hours per week, I received black and white from my manager that I cannot be forced to work more than 24 hours there. This has to do with the fact that I wanted to look for another job, because otherwise I would not be able to make ends meet financially. My manager (and colleagues) at the hospital also know that I have taken a job (0-hour contract) at a rehabilitation center. I work at both places with great pleasure. In the rehabilitation center I work 16 hours per week some weeks (for example during planned vacations), but other weeks I only hear on Monday whether I have to come to work on Tuesday or Wednesday. The expectation is that I can work a few hours there every week, with minor exceptions. My manager at the hospital has now said that she wants me to work there 5 mornings. Due to my integration, I currently only work 4 hours a day. This would mean that I do not have the opportunity to work extra hours at the rehabilitation center, which means that I will not be able to make it financially. My manager indicates that I have the duty to make every effort to cooperate with my reintegration, which would include working for the hospital for only 5 mornings for the time being. She was not/hardly open to the fact that I would not be able to make it monthly in terms of income. I am curious about my rights and obligations in this situation. I have already proposed a compromise in which I work at least 4 mornings for the hospital (so 1 more than normal) and possibly the 5th morning if I hear that I do not have to work at the rehabilitation center. My manager was also not open to this. I would like advice to clarify what I may refuse. I want to commit 100% to both jobs and absolutely do not want to antagonize my manager. However, the fact that I will not make it financially, and I feel forced to do so, goes too far for me.

Lawyer

Always complex, reintegration issues are rather casuistic in nature. As an employee, you are in any case legally obliged to cooperate in reintegration activities and to accept suitable work. If you do not do so, your employer may refuse you wages and even dismiss him. From the law and case law based on it, it can be inferred (among other things) that an employee must cooperate to the extent that this can be expected of him or her. What is important in your situation is what is included in the reintegration plan with regard to your reintegration, so how many hours, which days, etc. If I understand correctly, you have an amended contract and agreements have also been laid down in it, such as that you cannot be obliged to work more than 24 hours. If it is not otherwise specified anywhere over how many days these 24 hours must be spread, so neither in the contract nor in a reintegration plan, then the question is to what extent your employer can oblige you to work 5 mornings, and failure to comply with this request can be seen as a refusal to cooperate with the reintegration plan. On the other hand, you can ask yourself, if you go to work somewhere else, to what extent this will hinder your reintegration at the hospital (apart from the fact that you have a good reason to take on a second job)? It is different again if you are currently doing 'suitable work' (another position?) and there are no opportunities within this suitable work to work more hours (resulting in loss of income), and there is reintegration to other work outside the hospital. An expert (Occupational Health and Safety Physician/UWV) can provide support in this regard and is also aware of the specific agreements regarding your return to work and the well-being within the organization.

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