New STECR Werkwijzer for labor conflicts
STECR Werkwijzer Labor Conflicts
The Werkwijzer Labor Conflicts ('Werkwijzer') is a
product of the foundation Stichting STECR, Expertise Center
Participation. This expertise center has a number of experts'
knowledge networks, inter alia in the field of labor
conflicts. In a formal sense the Werkwijzer is only a non-binding
recommendation. In practice, however, a connection with the
Werkwijzer is regularly found. For instance, the Werkwijzer is
mentioned in the review framework of the UWV (Employee Insurance
Implementing Body) when assessing the reintegration efforts within
the framework of the "Gatekeeper Improvement Act"
(Wet Verbetering Poortwachter). In case law on labor
conflicts the Werkwijzer is also regularly referred to. The purpose
of the Werkwijzer is, inter alia, the limitation of absenteeism of
employees and the promotion of fast and sound reintegration. By
means of the recommendations to company doctors the Werkwijzer also
intends to bring more uniformity in the manner in which they are
dealing with labor conflicts. In view of the authority of the
Werkwijzer, as the occasion arises the employer and the employee
may be helped by pointing out the contents thereof to the company
doctor.
Main Changes
In February 2010 a fifth version of the Werkwijzer was
published. With respect to the earlier versions this publication
has a number of important changes that are more accomodated to
practice. For instance, in conflict situations between an employer
and an employee, during which the employee reports sick but does
not experience any medical limitations, company doctors often
impose a cooling-off period/time-out. In such a situation the
employer is obliged - despite the fact that there is no question of
illness within the meaning of Section 7:629 of the Dutch Civil Code
- to continue paying the wages. The new Werkwijzer sets stricter
requirements on such a cooling-off period, which from now on will
be referred to as the 'intervention period'. The Werkwijzer
recommends great reticence when advising an intervention period.
The intervention period should only be applied in exceptional
situations, for instance in situations in which there are intense
emotions. Another condition for introducing the intervention period
is that the employer must explicitly agree thereto. Except in
special circumstances, the intervention period should be a maximum
period of two weeks, but preferably a shorter period.
Another novelty of the Werkwijzer is the recommendation that
mediation ought not be a standard solution for all disputes in the
workplace. It is expected of an employer and an employee that they
first communicate with each other about the problems that have
arisen, whether or not with a third party (for instance someone
from the own company) as panel chairman. Therefore, also in this
case the company doctor will adopt a reticent attitude.
Apart from that, according to the Werkwijzer there will quickly
be a 'labor conflict'. In short, this is already the case
if one of two parties within the organization is of the view that
the other party is frustrating or annoying him. This may relate to,
for instance, the labor contents, labor relations, working
conditions or employment conditions. In such situations the
Werkwijzer can therefore be a guideline for company
doctors.
Tips:
- The STECR Werkwijzer Labor Conflicts provides guidelines
for company doctors and other occupational health and safety
professionals on how to deal with labor conflicts at work. The
Werkwijzer especially intends to prevent that business
conflicts will unnecessarily get or be given a medical
component.
- It is advisable for employers to consult with the company
doctor beforehand in order to discuss (the application of) this
Werkwijzer.
- If a company doctor acts in conflict with the Werkwijzer,
it may be useful for both employer and employee to point out
the contents of the guidelines to the company doctor.