Help with a labor dispute – legal assistance
Everyone has a disagreement with a colleague or employer from time to time. By talking to each other, looking for solutions and adding water to the wine, the vast majority of them can be solved. However, if differences persist for a long time and are not or not properly addressed, there is a danger of a labor dispute. If you cannot reach an agreement with your colleague or employer, this can have major motivational, emotional and financial consequences. This often results in reporting sick. We offer help with a labor dispute through legal assistance or labor mediation.
What can lead to a labor dispute?
Every organization communicates in a different way and uses its specific manners and leadership style. When the roles and responsibilities of everyone are clearly and explicitly described, the chance of misunderstandings is limited. However, are these things not properly aligned and is there also no structure for using feedback? Then a labor dispute looms. Of course, large personal differences in opinions and/or personality can also play a role in the development of a conflict. This makes it easy to blame.
Labor dispute and absenteeism
Absenteeism due to a labor dispute is probably much more common than you think. Every year, 70,000 to 100,000 sick days are the result of a labor dispute. Although a labor conflict is not a reason for reporting sick, simply because there is no illness , the consequences of a labor conflict on an emotional and/or physical level can constitute a legitimate reason for this. Research shows that labor disputes can occur in any type of employee, regardless of age and position in the company. Conflicts between colleagues are somewhat more common than conflicts between employee and manager .
The first step: raising the labor dispute
Have you noticed that there is a labor dispute between you and an employee or employer? In the first instance, you can try to speak with this colleague or employer yourself and perhaps make agreements about this. It is wise to put the conclusions of the negotiations on paper, so that there are no misunderstandings in the near or distant future. Does the labor dispute concern transgressive behavior in the workplace, such as bullying or discrimination? Then you can also consider engaging the confidential advisor.
The importance of a fast approach
When a work dispute is going on, it is often accompanied by a considerable amount of stress and negative emotions. In extreme cases, this tension can also lead to psychological complaints and illness. Not infrequently, someone calls in structurally ill to avoid the labor dispute. While an employee is aware that this will not solve the problem, an employer is confronted with unprecedentedly high costs. Customer relationships and the motivation of other team members can also be negatively influenced by this. It is therefore important for all parties involved to resolve a labor dispute as quickly as possible.
A labor dispute extends beyond the workplace
Tension and emotions don’t matter to working hours. Besides the fact that a labor dispute causes reduced performance and a negative atmosphere in the workplace, it is also taken home. Even after working hours, the situation regularly haunts the minds of those involved. When work stress is also experienced during private time, numerous complaints are lurking. It only takes a small drop to make the proverbial bucket overflow. In addition, a labor conflict also leads to discomfort for other employees, which can affect their performance to a greater or lesser extent.
What does a labor dispute mean for an employer?
An employee involved in a labor dispute ends up in an uncertain situation. Fear of job loss is the most common concern. While an employee who has a labor dispute with an employer has the feeling that he will draw the short straw, the same labor dispute also causes a major headache for an employer. In addition to the uncomfortable situation in the workplace, there are also the laws and regulations with which you as an employer must adhere.
Legal measures and prevailing protocols often widen the gap between the two parties. A good HR professional can help with this. If he or she is also unable to resolve the labor dispute, then third-party assistance is required to prevent further escalation. It is important to avoid (further) incorrect communication between both parties and to work towards an outcome that is desirable for both parties. Labor mediation involves the help of a neutral professional and aims to ensure that both parties emerge as winners.
Always take a labor dispute seriously
It often happens that a labor dispute is experienced by only one party. The other party, who does not experience his involvement as such, is then often inclined to dismiss the labor dispute. However, you should avoid this at all times. When one person in a reciprocal employment relationship notices that something is structurally not going well, that is sufficient to establish that there is actually a problem. An issue that may affect employment relationships, content, conditions, or terms. Always take a labor dispute seriously, regardless of whether you are an employee or an employer.
The role of the Arbo and its invisible pitfall
As an employee, you should always have access to a company doctor. This is laid down in the Arbo, the Working Conditions Act. When there is absenteeism as a result of a labor dispute, most employers call in a company doctor. A company often has a total package of occupational health and safety services. The danger associated with this, however, is that both employers and employees are inclined to hand over the solution of the labor dispute entirely. In other words: they do not (any longer) take responsibility for the labor dispute.