Geschreven door Stichting Burnout op 23 april 2020 in bedrijfsarts Behandeling English

‘Hi HR department of employer,

So you are a legal fan, he? Me too….

You are totally allowed to hold psychological information in your files, and medical information, IF I GIVE IT TO YOU AND ALLOW YOU TO KEEP IT. I hereby allow you to keep it and to read it. The reason being that the company doctor is advisor only (art. 14.1 arbowet), the employer remains the decider/decision maker, and the employer cannot hide behind his own hired company doctor: CRvB 19 nov 2009 BK:3713. Furthermore, the employer is expected to SUPERVISE the company doctor, if he is applying the right guidelines, and till so far the company doctor breached BW art 7:453, not adhering to a professional standard, by not applying attached NVAB burnout guideline including burnout tests. So keep my test results of the NVAB burnout guideline, and keep my burnout diagnosis on file.

Regarding the choice of burnout counsellor who helps me: WGBO (Wet geneeskundige behandelovereenkomst) gives me the choice, as does art. 8 of European Convention on Human Rights says I have to share my prive life with whom I choose. Forcing me to share private life is illegal, and burnout coaching does not make sense if I do not share my private life.

Futhermore, the ‘pva’, ‘plan van aanpak’ should be a document employer and employee agree upon, incl. choice of counsellor (see ‘Wet Verbetering Poortwachter). Costs are for the employer:
https://www.arbeidsrechter.nl/aansprakelijkheid-schade-werknemer-werkgever-ongeluk
http://www.uwv.nl/werkgevers/formulieren/verzoeken-om-participatie-in-re-integratie.aspx
and you can ask financial assistance from UWV.

My ‘plan van aanpak’ is attached burnout recovery plan of Stichting Burnout.

If we make no progress, I contact UWV, send my diagnosis to them, as my proposed plan of action, and ask UWV to take measures as you make no progress in terms of ‘Wet Verbetering Poortwachter’ regarding my healing and healing intervention.

Best regards,

Expat…….’

PS: immediately after the memo send your diagnosis and ‘plan van aanpak’ – burnout recovery proposal to sickness departmet UWV PO box 57015 and 1040 CT Amsterdam and ask UWV to fine employer with loonsancties and bezava because employer is frustration your healing and healing intervention and reintegration.