Legal Advice in the event of Disability

Questioner

Hello, I was reported sick at the beginning of the year and within 3 months the 2nd track was started. It is certain that I cannot resume my own work, but I am less than 35% incapacitated for work. There would be no work in my own company, but I have been working within the company in a different position, suitable and appropriate, since my illness. Is the following of any use to me? Article 11:7 Disability of 0-35% The employee who, after two years of illness as referred to in Article 11:4 paragraph 1 under a. and b., is less than 35% incapacitated for work on the basis of the claim assessment pursuant to the WIA, is entitled to 100% of his salary for the hours that he works in his position or the hours in which he performs work at the same salary level of his position. If the employee takes on another position to which a different salary applies, the employee is entitled to this other salary for the hours in which he performs work. The starting point for the suitable or replacement position offered by the employer is that this position leads to a remuneration of at least 70% of the remuneration of the previously fulfilled position before the incapacity for work arose. The fact that an employee has been declared 0-35% incapacitated for work does not in itself constitute grounds for dismissal. The above is not equivalent to an absolute dismissal ban, the other normal grounds for dismissal remain applicable. The employer has a duty to make every effort to ensure that the partially incapacitated employee can use his or her residual earning capacity as much as possible after the wage-related phase.

Lawyer

First of all, I refer you to the FNV brochure: 'Who writes, remains'. In it you can read your rights regarding reintegration. If you perform other suitable work in the context of the 1st track, you can indeed rely on the aforementioned article. The second track (a job with another employer) only comes into play when the first track (another job with your own employer) comes to a dead end. I advise you to contact an employment law specialist for further advice in the short term. From your story I gather that your employer does not take the rules very seriously. Without expert assistance, things could end badly (and expensively).