Assistance with legal questions about reporting sick and dismissal

Questioner

Since May 2016 I have been sick at home due to burnout and stress. My company doctor has not allowed me to work yet. I heard recently that all employees got a bonus of 600 euros. and I got nothing. Is it right? I go to therapy every week and my counselor said it's illegal. Please respond.

Lawyer

The starting point is that you may not be (unjustly) disadvantaged because you are ill. It is also remarkable that your colleagues did receive the bonus and you did not. It is possible that the bonus is dependent on agreements and that it follows from those agreements that you are not entitled to the bonus. It must then be examined whether those agreements are legally valid and permitted. Can you indicate why the bonus is not paid to you?

Questioner

Where can I find these agreements? In a collective labor agreement or house rules of the company? There are many things wrong with the company. I am a deaf person and have been working for the company for 12.5 years. Because of my burnout I wanted to be transferred to another department but I did not get it. I am being fooled by all kinds of things, strange and incorrect information and miscommunication under the assumption that I am deaf and considered disabled, which means I cannot work. I also received a diploma that I obtained last year, no party or small appreciation, while other colleagues did receive it. Now I am very afraid that I will be fired, which will not help my recovery from my illness, being overstrained and brooding. I do not know what to do anymore.

Lawyer

The agreements can indeed be found in your employment contract, in an applicable collective labor agreement, company regulations, separate agreements that you have made about this with your employer in, for example, a letter or an email, etc. If you find any correspondence about the bonus, you can send it to me free of charge so that I can review it for you. If you did receive a bonus in previous years (when you were not yet ill), then that is probably also a reason to be entitled to the bonus, all other circumstances being equal. The same rules apply to the other rewards/appreciations that you describe; your rights are determined in particular by what has been agreed and what is customary in the company. It is good to know that you cannot simply be dismissed due to illness. As long as there is still a prospect of recovery, you must have been ill for at least 2 years and you and your employer must have tried hard enough to get you back to work. Dismissal can take place earlier if there is another reason for dismissal, provided that your employer can substantiate this reason well. For example, think of poor performance (other than due to burnout/stress) or a disturbed employment relationship. Due to your relatively long employment history, you have built up strong rights, for example when looking at the severance payment if your employer wants to terminate your contract. It is wise to seek legal assistance in time if the reintegration does not go well (for example if you do not agree with the plan of action, the opinion of the company doctor, etc.) or if you have the idea that your employer is looking for reasons for dismissal. Please feel free to email me if you have any questions, I'll be happy to help.