Need help and guidance with reintegration process at German company.

Questioner

I am a Dutch employee working for a German company. In June 2022, I fell ill. I tried to go back to work, but I couldn’t. In April 2023, I called in sick again because the work-related stress became too much. In November of the same year, I was diagnosed with Post-Traumatic Stress Disorder (PTSD) and was referred for part-time treatment that will start in November. Throughout this process I have worked closely with my employer to try to resume work, following the instructions of the company doctor, occupational health and safety expert and the UWV. However, since April last year I have repeatedly urged my employer to appoint a new case manager, but they have never responded to my request, despite repeated phone calls and emails. On December 29, I consulted the UWV for an expert opinion. The UWV has now concluded that my employer has not contributed sufficiently to my reintegration and has advised to follow the 'second track', against the advice of the company doctor. I am prepared to cooperate with this, but only if I can work directly with my employer or if another case manager is assigned. However, my employer has informed me that I will not get a new case manager until March and they are now trying to force me to provide my details to my current case manager. I have expressed my willingness to work directly with my employer, but I have been waiting for almost a year for a contact person I trust. I believe that the reintegration process has been one-sided up to now. I have asked to apply for a WIA benefit together with my employer, or to start a process that I feel comfortable with. I have also asked for an explanation as to why my request for a new case manager has been ignored for almost a year. I have carefully documented all efforts and communication with my employer in a file, which I can share. On Wednesday January 17th I asked my employer to share their side of the communication as well. Do you have any idea what would be useful for me to do now? Would you like to guide me in this? It is useful to mention that most of the communication between me and HR and my manager is in English, because my employer is located in Berlin. The communication between me, the company doctor, the occupational expert and the UWV is in Dutch.

Lawyer

It seems like you are in a complicated situation, and it is understandable that you are seeking help. I can give you some orientation suggestions, but it is advisable to speak to a specialized employment lawyer who can fully evaluate your specific circumstances. 1. Evidence and Documentation: The first step you can take is to ensure that you have documented all relevant information and communications. This is essential for any future steps you may be considering, such as with the UWV or any legal proceedings. 2. If you wish, you can consider filing a formal complaint with your employer about the way in which your request for an adjusted reintegration program and a new case manager has been handled. 3. Contact UWV: Since the UWV has agreed with you in your request for an expert opinion, you could use the UWV ruling to urge your employer to adopt a better reintegration process. If a ruling by the UWV is not respected or followed, this could have consequences for your employer, such as an increasing financial obligation. 4. Employment lawyer: Consider hiring an employment lawyer who has experience with both Dutch and German employment law, given your employment situation. A next step could be to contact your employer through this lawyer to find a solution. Please note, this is a general guideline and every situation is unique. It is strongly recommended that you seek expert legal advice. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.