Bezava in English
Bezava has been introduced in the Netherlands 1 Jan 2014.
It inholds that an employer, after a ‘leaving the company sick’ is responsible for the payments up to 10 years AFTER leaving the company sick. It is explained on the Dutch site http://bezava.com
It can amount to 200.000 euro to 800.000 euro for the employer.
The lawmakers envisioned that it would stimulate employers to establish a non-burnout environment and prevention of burnout.
Sadly enough, the law had perverse effects with SOME employers:
- in the beginning of a burnout suspicion, the employer, including the very subjective occupational health physicians (arboarts – bedrijfsarts) tend to mostly deny all occupational diseases as mentioned on http://beroepsziekten.nl , including burnout
- they consequently deny the burnout guideline as stated here: https://www.nvab-online.nl/richtlijnen/richtlijnen%20NVAB/richtlijn-overspanning-en-burnout including diagnostical tests SCL 90 Ubos and 4DKL
- employer and physicians hired by employer wish you would drop dead or unilaterally leave the company, after which you have no unemployment benefits, and they have no obligations to make you healthy again (this obligation to make you healthy again exists after leaving the company and is part of bezava)
- employer and physicians maximize the pressure on you along this graph: https://www.burnout.nl/sb_wp/wp-content/uploads/2019/02/Drukpatroon-eerst-burnout-ontkennende-werkgevers-1.pdf
- employers try mediation in order you sign a ‘vso’= vaststellingsovereenkomst, which is forbidden in case of illness and throws all your rights away.
HOW TO BREAK SUCH A WALL OF DENIAL?
Go to Stichting Burnout (SB) , email@example.com, and make diagnostical tests according to the burnout guideline.
Have the diagnosis in writing; (SB) has several addresses for this: https://burnout.nl/burn-out-help-for-english-speakers-expats-netherlands/getting-a-burnout-diagnosis-writing/
Send your diagnosis by mail to employer and say they may keep it, you give permission to them to keep it.
Send a copy of diagnosis to UWV, afdeling ziektewet, Post box 57015, 1040 CT Amsterdam and tell UWV your employer is denying everything and refusing paying burnout recovery by Stichting Burnout.
Have Stichting Burnout make a recovery plan for you, with a consultant or psychologist of SB you like, and give it to your employer, or let SB mail it to your employer with a kind compliments letter.
Then wait how employer reacts…..on every reaction SB has the counterreaction, and if employer waits 2 months or longer and does not approve SB coaching, you can ask a ‘UWV second opinion’, ‘UWV deskundigenoordeel’, telling them about your diagnosis, employer’s refusal to pay for recovery, and asking UWV to fine your employer. Just before 1 sick year evalution and 3 monthes before 2 years sick evaluation are ideal moments to do so.
need a lawyer in this process; look for a lawyer good in ‘arbeidsrecht’ and
‘reintegratie’ who works ‘op toevoeging’, which means you have to pay only a
little low own contrubution, following this table of income:
ONCE your employer sees:
- you know your rights (we have different summaries with your rights)
- you have a good written diagnosis, performed along the burnout guideline including diagnostic tests
- you inform UWV (with danger of bezava for employer!)
- (eventually) you have a lawyer
the employer will usually grant burnout recovery and outplacement to Stichting Burnout. You then have reached a WIN-WIN situation!
Because: if the employer does NOT so, he risks fines named ‘UWV loonsancties’ of 10.000-30.000 euro AND he risks you leaving the company ill after 2 years, having to pay 200.000 to 800.000 euro to bezava.
So, after resisting the initial denial by employers and his paid physicians, with a good file, the employer switches to a ‘win win’ situation with you and agrees to SB proposal of burnout recovery plus outplacement = tweede spoor = burnout recovery coaching (as with Stichting Burnout) plus outplacement.
© Stichting Burnout 2 January 2019