Reintegration and Settlement Agreement: Your Rights

Questioner

Due to structural understaffing and a lack of appropriate action on signals given about the health of my team, I have been incapacitated for work for three months due to burnout complaints. During these three months, minimal contact was maintained with me and I have lost all connection with my workplace. The time has now come for me to reintegrate, but my trust in the employer has been damaged to such an extent that my complaints are increasing and my recovery is jeopardized. I would prefer not to work for this company any longer and have therefore requested to see a draft settlement agreement so that I can consider all my options. What am I entitled to and how can I best approach the negotiation? I have been working at this company for 6 years.

Lawyer

Leaving employment with a settlement agreement while you are still incapacitated for work is tricky. The UWV could hold you accountable for committing a detrimental act towards her. What are the forecasts for when you will be fully able to work again?

Lawyer

I agree with Mrs da Graca regarding detrimental action and caution is advised here. It is difficult to indicate what you are entitled to, as this depends on what you agree on together. You can think of a transition payment, although this is not customary when resigning yourself, securing unemployment benefits, continued payment of wages with exemption from the work obligation, possible additional payments or bonuses, etc. In short, there are quite a few matters that you can discuss. I always advise you to have a settlement agreement checked by a lawyer in advance. If you wish, I can help you with this. Please contact me directly and without obligation at any time.

Questioner

My goal is to be exempted from work during the two-month notice period, secure unemployment benefits, receive my leave hours and a transition payment, because I don't have a new job yet. In return, I am prepared to report myself better and the company will then be 'rid of me'. Is this a realistic demand? I think I am already capable of reintegration, but no longer with this company. I also have no need for their further interference in my recovery.

Lawyer

That can be a realistic demand. You do need to be reported better without there being any reintegration elsewhere, because your employer still remains responsible for your incapacity for work. If you feel recovered, your negotiating position can also be better.

Lawyer

In your response I do not read back how the company doctor thinks about your reintegration and when you would be fit for work again. Does that appear from a report? In themselves, the requirements you propose do not seem unreasonable, but I would only be able to assess this better if I had the complete file (correspondence, etc.).