Refusal to work: can an employer dismiss an employee on the spot?

Questioner

I have reported sick to my employer after a labor dispute with my employer. The occupational physician states that I am fully fit to resume my work. The occupational physician has recommended mediation. The employer is currently arranging this. The occupational physician has indicated that I must resume work in consultation with the employer after a few days. The employer has scheduled a number of days and indicated that if I refuse, the continued payment of wages will be stopped. Is the employer allowed to do this and can the employer dismiss me on the spot if I refuse?

Lawyer

If you do not comply with the advice of the company doctor, the employer can indeed summon you to comply and, if this summons is not complied with, (temporarily) stop the salary. A more far-reaching sanction could also be dismissal. Of course, this cannot be done just like that. Summary dismissal is a drastic sanction with serious consequences for which strict requirements apply. If you do not agree with the advice of the company doctor, you can request an expert opinion from the UWV. If the employment relationship has been disrupted, a settlement agreement is often sought to terminate the employment contract. If you want to enter into such a process, I advise you to seek assistance from an employment law attorney and not to do this on your own. For example, at the time of signing a settlement agreement, you may no longer be ill in connection with possible benefit rights.