What are your rights and obligations in case of reintegration?

When reintegrating 2nd track, you, as an employee and as an employer, have clear rights and obligations. The employer is responsible for the smooth running of the process, but the employee is also expected to cooperate actively. Both parties must comply with the legal requirements of the Gatekeeper Improvement Act to prevent sanctions from the UWV.

Employee obligations

The employee is obliged to actively contribute to his or her own reintegration. The most important obligations are:

• Active participation in the process: this means applying, participating in interviews, coaching and training.
• Appeared at the company doctor’s office hours.
• Working together on an Action Plan with the employer.
• Discuss progress: consult with the employer at least once every six weeks about the state of affairs.
• Evaluation of goals: after one year of illness, jointly revise the original reintegration goals.
• Open to other work: from 6 months of incapacity for work, the employee can also be offered work below the original level of education or outside their own work experience.

Please note: If an employee refuses to cooperate without a valid reason, this can result in a wage suspension, pay freeze or even refusal of WIA benefits by the UWV.

Employer’s obligations

The employer bears ultimate responsibility for the second track and must demonstrably make an effort. Obligations include:

• Start on time with the 2nd track when returning to work is not feasible.
• Draw up a plan of action together with the employee.
• Conduct progress discussions: at least every six weeks.
• Provide appropriate support: for example via a reintegration agency.
• Evaluate reintegration goals after one year of illness.
• Looking for alternatives outside your own organization, such as work experience positions or secondment.
• Clear and transparent communication maintained throughout the process.
• Document everything properly in the reintegration file.

Please note: if the employer fails to fulfil its obligations, the UWV can impose a wage penalty. This means that the salary must continue to be paid for up to one year longer.

Employee rights

The employee also has the right to be treated carefully and fairly during the process. The most important rights:

• Not obliged to do inappropriate work in the first half of the year: work must be in line with physical resilience, work experience, educational level and previous salary.
• Participate in the reintegration office: if there is no click with the proposed supervisor, the employee may suggest an alternative.
• Request an expert opinion from UWV: in case of doubt about appropriate work or the employer’s approach, this can provide an independent opinion about the situation.
• Right to clear communication and good guidance, tailored to the personal situation.

Employer rights

The employer also has rights in the reintegration process:

• Expectation of active employee engagement, including job interview activities.
• Applying measures in case of insufficient cooperation, such as suspension of wages.
• Insight into progress and evaluation of the reintegration process.
• Right to clear feedback from the reintegration office engaged.

What if one of them does not comply with the obligations?

Sanctions for the employee:

• Wage suspension or cessation in case of insufficient cooperation.
• Delay or rejection of WIA benefit by the UWV.
• Negative expert opinion as an underpinning of a lack of commitment.

Penalties for the employer:

• Wage penalty from the UWV: continue to pay wages up to one year longer.
• This happens when:
  • Late start of the process
  • Careless guidance
  • Bad or missing documentation

It is therefore crucial that both parties take their role seriously and make this demonstrable in the reintegration file.

More information at the UWV

The official rules and current amounts or deadlines are available at the UWV Werkwijzer Poortwachter. These can change, so always check them at the source itself for a concrete situation.

Looking for guidance with a track 2 process?

Care4Careers supports employers and employees with expert guidance, customized solutions and complete file structure. Feel free to contact us.

It is essential to be well informed about your rights and obligations to ensure a successful re-integratie tweede spoor.