What are the correct steps for reintegration?

Questioner

I have been on sick leave for half a year now and in the beginning I had examinations by specialists which resulted in the diagnosis of a rare disease. With all and everything that event affected me so deeply that I came to my GP with burnout. My employer from day 1 makes it difficult during the discussion of the plan of action I have to come to the office while mentally I can not handle such a conversation at all and not all colleagues are present. The employer wants to contact each week preferably at the office but I indicated that I do not want that. There was a misunderstanding about this agreement which was partly discussed verbally and that I did not adhere to it according to them and an official warning came quickly. I have called in legal help here and wrote a letter back. Of course a reply letter follows on their side too. I want to keep to the reintegration agreement but they constantly pressure me and give me no other option. I suggested that I also want to continue the personal contact and want to come to the office during office hours. Then my boss says that he only has time at half past four or come to my house and with the two of them. I don't like the feeling of this conversation taking place in my house, let alone having two people sitting opposite me. I can't handle all this anymore, I have suffered trauma from the way I have behaved on the work floor over the past 5 years, but what is also happening now is driving me completely crazy. I have no use for the occupational health physician's care, except that communication between us runs smoothly. I will finally be able to see a psychologist soon, but I wonder if she can influence the steps my employer takes. Of course I don't want to resign, but I would never want to work with this employer either. Will be a relief if I have nothing more to do with this employer but probably that is also not a wise step. I am still busy with the therapy and physically not able to look for new work so that is also not a step. What is the right step in my situation? Kind regards.

Lawyer

For the reintegration, what the company doctor has advised is important. Both the employee and the employer must adhere to this. I would not advise you to resign during illness, because then there is a great risk that you will not receive benefits. The UWV will consider this as culpable unemployment. If your employer wants to have a regular conversation with you, I would cooperate. That is in fact also part of the reintegration obligations. The employer may not be unreasonable in this. So, for example, not a conversation every day (to put you under pressure). In principle, you are also not obliged to allow your employer into your home. You could suggest that the conversation takes place via video calling or something similar. If you cannot reach an agreement with your employer, you could request an expert opinion from the UWV.

Lawyer

You could also ask the company doctor at your next appointment whether he would like to comment on the form of the conversation with the employer, given your complaints. If this is recorded in the company doctor's report, it will be more difficult for the employer to avoid it and chart his own course.

Questioner

The conversation with the employer continued at my home but we do not agree on the subject of keeping in touch. I have explained how I see the reintegration with keeping in touch on behalf of. The Arbo also advise such as two weekly video calls and calls and once as much time in person. But my employer does not agree with this the reason for this is that I do not speak the language perfectly and can interpret some things differently. During such a conversation I may not and do not disclose any medical condition and so it is only about how that moment is with me. I do not understand what can be misunderstood during such a conversation. From day one she puts me under pressure and now a lot of communication via email. They don't give me any space and only make my medical condition worse. Never get on top! They contact the Arbo of course I did too. Slowly hand walk up as work conflict and what I know for sure at this company never want to work again so also not planning to go back.

Lawyer

You are indeed not obliged to provide medical information to your employer. You should only do so to the company doctor who has a duty of confidentiality. If you believe that your employer is not adhering to the advice of the company doctor, it is time to request an expert opinion from the UWV. You could also raise the issue during your next visit to the company doctor and ask him to comment on it.