A disrupted employment relationship: how can this be solved?
If there is a disturbed employment relationship between you and your colleague, employer or employee, that is very annoying. It causes you a lot of tension and stress and in some cases even so much that an employee calls in sick. Tensions can run high, especially when the job of the person concerned is jeopardized by the disrupted employment relationship that has arisen. An uncertain and difficult period is also dawning for employers.
A disrupted employment relationship has a structural character
A disrupted employment relationship occurs when disputes persist for a long time and are not or not properly addressed. We often see that a disrupted employment relationship has come about after several small problems where no proper action has been taken, but also a single situation can suddenly burst the proverbial bomb. A disturbed employment relationship is therefore a structural problem that cannot be solved easily and is therefore something very different from an isolated discussion or difference of opinion in the workplace.
How can a disrupted employment relationship arise?
In order to resolve a disrupted employment relationship, it is first of all important to realize what caused it. That can be different for every situation. Disputes can arise due to misunderstandings about roles and responsibilities. If these are not clear, it could result in a collision. It is also often heard that an employee has the feeling that he has too much to say or that he has to perform tasks that do not belong to his or her position, while according to an employer this is not the case. Of course, differences in personality and opinions can also play a role in a disturbed employment relationship.
A disrupted employment relationship has a major impact
We don’t need to tell you: the tensions and emotions that result from a disrupted employment relationship don’t stick to working hours. Worrying about this problem often continues throughout the day and leads to fatigue, concentration problems and often also feelings of sadness. There is also a risk of overstrain in a disrupted employment relationship. Something that both employer and employee want to avoid at all times because of the long recovery period involved.
Tension for both parties
Anyone dealing with a disrupted employment relationship is in an unpleasant period. In the first place, people often think of employees who are involved in a disturbed employment relationship with their employer. Because of the subordinate position, an employee fears a loss of wages or, worse, loss of job. However, the disrupted employment relationship also creates a considerable headache for an employer. How should you allocate the tasks that are not fulfilled among your staff, what are the financial consequences for the company and which laws and regulations do you have to comply with?
A disrupted employment relationship by the employer
It is often difficult to objectively determine the source of the disrupted employment relationship. Are its roots with the employer, the employee or both? A labor dispute often leads to the employee reporting sick . As an employer, you may be tempted not to continue paying; after all, there is no real disease. However, you may still need to do this.
If it is demonstrated by a company doctor that the physical and/or psychological complaints of the employee are related to the work situation and the disrupted employment relationship is caused by the employer, 100% wages must continue to be paid. When a disrupted employment relationship is caused by the employer, we speak of situational incapacity for work. There are specific guidelines for determining this.
Resolving a disrupted employment relationship
Situational incapacity for work is determined by a company doctor. His or her expert judgment usually includes a ‘cooling off’ period. This is a period in which the employee does not appear on the work floor, but in which efforts must be made to restore the disrupted employment relationship. In most cases, employment mediation is advised. The employee and employer sit down together with a mediator. Labor mediation is not mandatory, but it is wise for both parties to follow the advice of the company doctor in this regard.
Resolving a disrupted employment relationship with the help of labor mediation
Labor mediation is a more effective way for both employer and employee to resolve a disrupted employment relationship than hiring a lawyer. In addition to the fact that a legal process has a considerably longer duration and is therefore a lot more expensive, a lawyer is always there for one of the two parties. If you decide that you want to resolve the disrupted employment relationship through mediation, then that is different. The mediator is neutral and supports both parties in approaching and finding a solution that is acceptable to both.
Resolving a disrupted employment relationship with mediation often leads to continuing together under new agreements and conditions, which will be put on paper at the end of the mediation process. Although participation in mediation is voluntary, such an agreement is not without obligation. Both as employer and employee you will have to adhere to the new agreements. In other cases, termination of employment by mutual agreement may also be the outcome of the process. This is also a solution to the problem.
The corridor to the subdistrict court
Do you choose not to participate in mediation? Or will this process be terminated prematurely? Then there is a good chance that you will not be able to work it out together and an impasse will arise for both parties. If you are unable to resolve the disrupted employment relationship, this may constitute grounds for dismissal, provided that it is not reasonably possible for the employer to continue the employment contract and he or she can demonstrate that he or she has done everything possible to remedy the disrupted employment relationship. unload. The case then goes to the district court.
Labor mediation and legal assistance
Employmentlawfirm.nl is there for you, If you want to resolve a disrupted employment relationship, we can offer egal assistance.