Labour dispute

Labour dispute
A labour dispute is a situation in which an employment relationship comes under pressure due to a conflict between both parties. A labour dispute is a conflict in which several people or parties are involved. Often the conflict arises from a difference of opinion between employer and employee in the field of illness, wages, dysfunction or simply a soured relationship. The question then is to whom the conflict can be attributed, whereby that answer is important for the account of the resolution of that conflict in the form of, for example, a transition payment. 

Consequences of a labour dispute
One of the consequences of a labour dispute is that both parties can no longer work well together, possibly working less productively overall. Parties can also suffer from the labour dispute in the private sphere. Expert legal assistance is therefore advisable in the event of a labour dispute.

Resolving a labour dispute
If a labour dispute has arisen, a solution will have to be worked towards. One of the possibilities is that you as an employee are surprised by a proposal for a settlement agreement from the employer's side.

Perhaps you can find a mutual solution in your situation through discussions between the parties involved. Otherwise, it is wise to call in expert legal help to resolve the labour dispute and/or to arrange the best possible dismissal scheme for you and to secure unemployment benefits.

A good dossier
An employer who wants to dissolve or terminate an employee's employment contract must have built up a proper dossier for a longer period of time. Unilateral performance reports are counterproductive to the court, as is the sudden dossier build-up just before the dismissal procedure. It must be clear to the court that the employer has actually done his best to make an employee function (good employer ship). Think of, among other things: further training, adapted work, another position within the company and mediation. In addition to the efforts of an employer, the employee must also make an effort to keep his performance as optimal as possible.

An occupational medical officer (ARBO in The Netherlands)
Many employees call in sick because ther is no longer trust in the employment relationship. The employee can no longer work because he or she gets tensions due to the bad atmosphere in the workplace. Legally, this situation is difficult to interpret and lawyer and occupational health doctor do not speak the same language in these cases. Logical somewhere knowing that the lawyer and occupational health doctor both have different tasks. For the occupational health doctor it is sometimes clear that there is no illness or a defect so that he looks at what work can be performed, while legally there is a labor dispute. The question is often: is the disease caused by the conflict or does the disease cause the conflict. With the often flaring up emotions, that is not always possible to find out. Most occupational health and safety doctors dismiss situational disability from their plate with the statement that there is a labour dispute and only give a time out of two weeks with the advice to mediation. After that, an employee will often no longer be considered incapacitated for work, but in some cases it may be. A second opinion (expert opinion) through the UWV can be a solution.

Continued payment of wages.
The continued payment of wages in the event of illness is an exception to the rule no work/no pay. However, Article 7:628 of the Dutch Civil Code stipulates that there may still be a right to wages because the conflict and whether the continuation thereof is at the risk of the employer. Importantly, both parties have a duty to strive to resolve the conflict. In that case, this may mean for the employer that he must continue to pay the 100% salary while he would only have to pay 70% in case of illness. The amount of the continued payment of the salary depends, among other things, on the employment contract that you have.

The role of AGA Lawyers
A lawyer of AGA Lawyers offers assistance in most cases within employment law. In the event of a conflict regarding employment law, an expert lawyer is at your side. Together with you, the lawyer determines the right approach and ensures the best possible solution and result. Advising, mediating, litigating, negotiating or drafting legal documents, AGA lawyers arrange it for you.

Contact AGA Lawyers
The employment lawyers of AGA lawyers can do a lot for you, such as guiding you throughout the entire process. Feel free to contact one of our expert employment lawyers for a 1st free intake interview.

TELEPHONE: 040-8444523  (1st intake interview free of charge and without obligation) (Available Mon to Fri between 09.00h and 21.00h). We can also be reached by e-mail:
E-MAIL: info@agajuristen.nl or contact form on the right side of our website.

More information
At the top of the search bar of this website, you will find more information about the specific jurisdictions and issues. To do this, click on the search bar at the top of the website! More information can also be found via the links (blue colored text sections) on this page above.