Legal assistance in labor disputes
Questioner
I've been sick for 3 weeks and 3 days, 100%. I've informed my employer that I'll be partially returning to work starting tomorrow. I intend to gradually expand this as my recovering shoulder injury allows. In response, my employer informs me that I am not allowed to start work before the following week and wants me to sign an Action Plan, which I do not agree with and which, according to him, I have no say in. I think the Action Plan is premature, the Occupational Health and Safety Service (upon my request) also thinks so. It is now the following week and the employer has instructed me by phone not to go to work yet. I have indicated that I do not agree with it. I work from home and my employer has blocked access to my work environment and email account. He says he wants to find out what's going on, and until then he doesn't want me to work I would like to know what my rights and obligations are.Questioner
Ir/Madam, I advise you to confirm everything in writing to your employer beforehand, but also to object to the fact that you are not allowed at your workplace and your account has been blocked. I also advise you to notify your employer in writing that you are available for work. What does the occupational health physician say? Did the physician provide a written report? Has the doctor performed a problem analysis? Based on this, an action plan will be developed in consultation with the employee and employer. The occupational health physician must also determine whether and, if so, during which accrued hours you can resume work. Do you have any questions? Please feel free to ask. Yours sincerely,Questioner
During illness you are entitled to continued payment of your wages. The employer must contact the Occupational Health and Safety Service. The doctor must then prepare a Problem Analysis and Action Plan. The Action Plan must be prepared in consultation with you. Blocking email and work environment is not allowed. Given your employer's attitude/measures, I advise you to immediately contact a specialized employment law attorney (member of a specialized association), such as myself. The first consultation (max. half an hour) is often free, such as at my office.Take the next step
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