CLINT | Littler Explains! Podcast - Labor Snippet
In our latest Labor Snippet (Dutch), podcast host Jasper Hoffstedde is joined by colleague Tanya van Nieuwstadt to tackle a topic that employers frequently encounter: distinguishing workplace conflicts from genuine medical illnesses. We discuss the fundamental rights of employees who fall ill in the Netherlands, including their right to 70% of their salary for up to two years and protection from dismissal during that period if the illness is the primary cause.
However, not all illnesses are medical in nature. Some cases involve workplace conflicts or performance issues that manifest as “strategic” illness claims. In this episode, we explore three key scenarios assessed by company doctors: conflicts without medical limitations, conflicts requiring intervention, and conflicts coupled with actual medical conditions. These distinctions are critical for determining whether dismissal protections apply.
Tanya also sheds light on a recent High Court ruling that provides clarity for employers. The ruling emphasizes the importance of proper documentation and following the advice of company doctors to ensure that conflicts are correctly categorized. In some cases, mediation can offer a path to resolution, while in others, dismissal may still be an option.
This podcast offers valuable guidance on navigating these sensitive situations while staying compliant with Dutch labor laws. Tune in to gain practical insights and hear how the High Court’s ruling might impact your workplace decisions.
Where can you listen to the podcast?
You can find CLINT | Littler Explains! on popular podcast platforms such as:
Find an overview of all CLINT | Littler Explains! podcast series here.
Please note that this podcast episode is in Dutch
