What to do in the event of a labor dispute with your employer?
When you and your employer structurally disagree about a specific situation and you both fail to find a solution, this is referred to as a labor dispute between your employer and you. Such a difference results in a fairly insecure and therefore stressful situation for you as an employee. In particular, there is the fear of temporarily not being paid or losing your job altogether. Contacts with other colleagues can also come under pressure, just like customer relationships, as a result of a labor dispute with your employer. That is why, as an employee, it is in the best interests of you to resolve a labor dispute with your employer as quickly as possible. Practice shows that more than three quarters of labor disputes can be resolved in the short term with the use of mediation. Mining labor dispute.nl offers both legal assistance and employment mediation. We are experienced professionals with the right legal knowledge.
A labor dispute with your employer does not necessarily lead to job loss
For you as an employee, there are many uncertainties about the effect of a labor dispute with your employer. People often live with the fear that this will inevitably lead to dismissal . However, if you have a labor dispute with your employer, it may also be that this is not your fault. To make this as hard as possible, you must be able to demonstrate that you have done everything you can to remedy the friction. In that case, your employer must continue to pay you, even if you do not perform your usual work for a certain period.
Illness as a result of a labor dispute with your employer
Sometimes a labor dispute with your employer is of such a nature that you are temporarily unable to perform your work due to the disrupted employment relationship. Not infrequently, a serious labor dispute with your employer has consequences for your psychological and/or physical health. Has a company doctor established that you have indeed become ill as a result of the situation in the workplace? A cooling-off period is usually set. You do not have to work for a short period of time. After this period, it is wise to start a job mediation process. Mijn Arbeidsconflict.nl offers both legal assistance and labor mediation. Our employees are experienced professionals with the right legal knowledge.
Frequently heard reasons for a labor dispute with your employer
A labor dispute with your employer can have various causes. This is often due to an undesired and/or unexpected job change or transfer. We also hear from many employees that the disrupted relationship arose after repeated problems with overtime, holidays or illness. Although you may think that as an employee you always get the short straw, you are stronger than you think.
Your rights as an employee in the event of a labor dispute with your employer
We often hear from people who have gotten into a labor dispute with their employer that they are afraid of losing their job. After all, the boss has a higher function and makes the decision. A very frightening and frustrating thought. However, your subordinate position alone should never be the cause of dismissal. Your employer can only require things from you that are within the limits of reasonableness. Also, an employer may not just fire you without ever having received a warning. This must also be recorded in a file.
Engaging a labor dispute mediator
To deal with the stress and negative atmosphere as quickly as possible, it is important to talk to your boss. If the labor dispute with your employer has not lasted very long, there is a chance that you will both succeed in reaching a compromise. However, this doesn’t work? Then it is important to engage a labor mediator.
A labor dispute with your employer: what can the mediator do?
A specialized mediator can play an important role in a labor dispute with your employer. A mediator does not stand up for one party, as is the case with a lawyer, but has a neutral position and aims to arrive at a solution that is acceptable to both parties. The mediator leaves a lot of space to you and your employer to discuss the situation and to look for possible solutions together. It is possible to choose to keep the employment relationship or to separate.
Together or separating the roads?
If you start with labor dispute mediation because of an industrial dispute with your employer, this can take two forms: recovery mediation or exit mediation. In the case of recovery mediation, the procedure focuses on the continuation of the employment relationship. However, does the talks show that it is not possible to remain in service after all? Then there is exit mediation. In that case, the mediator helps to make proper agreements. This ensures that the negative consequences of your dismissal will be limited as much as possible and that a lengthy dismissal procedure is not necessary.
Do you have a labor dispute with your employer? However difficult this may be, it is always important not to call in sick. At least, not if your illness is not demonstrable and arises from the situation. This falls under ‘good employeeship’, in other words the rules that apply to you as an employee so that you behave properly in an employment relationship. In the unlikely event that the labor dispute with your employer nevertheless leads to legal proceedings, you will be in a stronger position if you have complied with these rules.