Legal advice in case of employment conflict | Legal advice centre

Questioner

My employer does not want to report me as better after having the flu. He suddenly finds that I have not been functioning for years and after an occupational health and safety assessment he agrees that I do not meet the requirements because I can do less than other employees. I am now forced to do an outplacement. I feel powerless, I have been working for the same employer for 18 years and the employer has indicated that there are no other positions for me in the company that match my capabilities. I have been in another department for 4.5 years, but because of too many bosses I had to go back to another position that has become much more difficult for me after 5 years due to increasing production. I have to provide for my family and my employer wants to get rid of me at all costs after reporting a flu They say outright that flu doesn't count, you are not competent for your job because you have been less productive than others for years.

Lawyer

Good morning, What an annoying situation has arisen. Your employer is required to report you recovered and to allow you back to work. I read that your employer is posing a labor law problem by indicating that you are no longer functioning. I advise you not to sign anything and to simply go to work on Monday. If your employer then sends you away, we can summon your employer in writing. Perhaps you can now send your employer an email or text message that you want to work on Monday. If you receive a message that you do not have to come, you can contact me directly. Also during the weekend. Do you have any questions? Please feel free to ask.

Questioner

I just do that, that's not the problem, they just let me work but have been ignoring me for months. Now the results of the labor expert, but my employer indicates that I am not suitable for other languages ​​in their company either and what I have been doing for years that suddenly was not good So that is not an option for them to go back, they just want me to look for another job But why I have been sick with the flu for three days and yes I cannot meet the production standard but that has been the case for 6 years..they took their chance to keep me on sick leave after the flu and no one occupational health and safety and now occupational health and safety, no one can stop this What I also wonder is it normal that an occupational expert does this for the same employer for 10 years? Is this still neutral?? I feel terrible about this situation anyway

Lawyer

I understand that you are still on sick leave after the flu? Are you employed?

Questioner

Yes, I was sick with the flu for 4 days six months ago They did not and do not want to report me as better because I do not meet the production standard due to more than 10 years of back complaints. They don't care and neither does Arbo that I called in sick because of the flu, but they keep blaming it on my production standard If I don't get that, I won't get a report of improvement, there is no other suitable work in the company and the labor expert agrees with this I don't know what to do, I just received a letter saying that they are going to cut my wages, even though I have been working 40 hours a week for all those months.

Lawyer

Ok, I understand that you work. So you just have to be paid. If that is not the case, you have a claim on the employer. I am happy to help you. If you have not been reported recovered, I advise you to inform the UWV.

Questioner

Ok thanks for your answer. I'll go back on Monday and ask if they'll just pay my salary 100 percent and inquire with the UWV

Questioner

Today I had a conversation with my employer. I mean, you're not productive because of your back, so we can deduct 10 percent of your salary, even though you've been working 40 hours a week for months. They also want to do outplacement 17 years of loyal service and then I lose everything due to a flu

Lawyer

Your employer is not acting correctly and not as a good employer should. Cutting wages is prohibited in this way. I am happy to help you hold the employer liable and claim that you simply receive your wages. Is there a collective labor agreement? You can contact me directly. Do you have any questions? Please feel free to ask.

Questioner

Yes c AO from Vgl And according to them they are allowed to do it because I am unfit for work

Lawyer

what does that say about 10% discount Are you no longer incapacitated for work? Based on the documents, I can advise you after reading them.

Questioner

Yes I do but unfortunately I don't have the finances to pay you and my employer knows that too That I am stuck and yet will not and cannot take any further action

Lawyer

You can contact me and I will help you