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Questioner

Due to illness I received a call from the company doctor from my employer. No problem of course, I have been to all appointments properly up until now. Now after 5 months I suddenly receive a call from a second company doctor. (The other one is still running) Initially, my employer reports that it concerns a second opinion. After I explained to him by email that the employer is not allowed to request a second opinion, he calls it a regular consultation hour. I contact the second occupational health and safety service and they claim (in black and white) that it concerns a file transfer. The first occupational health and safety service simply keeps inviting me to the consultation hour and so there is no question of a transfer. When the letter announcing the wage suspension arrives, my employer calls it a consultation hour that runs alongside the current trajectory at Arbodienst A. My question is, is this legally allowed? I can't find anything about this in the ArboWet.

Lawyer

It is correct that an employer may not request a second opinion in this matter. If it concerns a file transfer, this must be clear to you and you must grant permission for this. A consultation hour in addition to the current process as you describe it is not permitted, unless it is an external consultation that the company doctor needs in his advice. I advise you to inform your employer and the first company doctor in writing that you had to report to a second company doctor that you did not request. Ask for clarification. If you are unable to reach an agreement (yet), I would be happy to look at your case.

Questioner

Thank you for your response. With regard to the second opinion, I can find in the law that this right lies only with the employee, but regarding the fact that an employer uses 2 occupational health and safety services and lumps it under the heading of having another occupational health and safety doctor in addition to one. I can provide all kinds of arguments in which I explain to my employer that what he is doing is not in accordance with the law, but I cannot find a law article. Can you tell me to which law article I can 'object'?

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