Geschreven door Stichting Burnout op 4 maart 2021 in blog English

You have the following rights:

  • seeing a company doctor (though beware: a company doctor, bedrijfsarts, is paid by the employer and is supposed to advise the employer; it is not the one who is supposed to ‘treat’ you, though he may give advices
  • right to do the burnout tests SCL-90 Ubos and 4DKL as mentioned on https://burnout.nl/en/tests/; those tests are also mentioned in the NVAB (company doctor’s association) burnout guideline H&W_NVAB-12_LESA_LR_overspanningburnout
  • a right to external burnout recovery coaching paid by the employer; such follows from several laws, as https://www.arbeidsrechter.nl/aansprakelijkheid-schade-werknemer-werkgever-ongeluk. Additionally, the employer  has to give care to the employee, such as external burnout recovery coaching, https://maxius.nl/burgerlijk-wetboek-boek-7/artikel658, ‘zorgplicht werkgever’, as a reliable source as https://www.kadv.nl/news/wie-betaalt-de-burn-out/#:~:text=Een%20medewerker%20met%20een%20burn,een%20zorgplicht%20tegenover%20hun%20werknemersUWV judges whether the employer does take care. Usually after a year of sickness, but sometimes also before that. If you find the employer is not granting you support in this, you can write UWV, sickness department, PO box 57015  1040 CT Amsterdam, as well ask for a ‘UWV deskundigenoordeel’. As UWV judges from paper only, you can better enclose a written burnout diagnosis https://burnout.nl/en/getting-a-burnout-diagnosis-writing/ as well as a (turned down for finance) burnout recovery proposal, as of Stichting Burnout.
  • after burnout recovery, you can choose for ‘spoor 1’ (return to own employer) or ‘spoor 2’ (outplacement, career counselling, also paid by employer) towards a new employer.
  • you have the right so be ill and be paid during sickness law=ziektewet. Though in the second year often 70% only. If your employer denies illness, you will have to prove it, like with a written burnout diagnosis. It is ultimately the employer who decides whether you should return to work; referee is UWV.
  • seek out your own burnout coach/burnout psychologist of preference (art. 8 European Rights; you may choose with whom you want to share your private sphere)

You have the following obligations:

  • see a bedrijfsarts=company doctor
  • go the work when the employer decides
  • to jointly with the employer make a ‘plan van aanpak’ (in which you can stipulate Stichting Burnout as your coaching organisation). Employee and employer should have consensus on ‘Plan van aanpak’.
  • to accept offers for continuation of contract, otherwise you loose your WW rights (rights to unemployment)
  • to make progress regarding your recovery, joint effort with employer.

All above can also be summarized in:

‘The correct route if you have burnout suspicions’: https://burnout.nl/en/burnout-suspicons-the-correct-route/
If not the correct route is taken, these are steps you can take: https://burnout.nl/en/if-not-the-correct-route-is-followed/

Beware above is for self-help; beyond above, Stiching Burnout does not provide legal advice. If you have a burnout recovery plan from Stichting Burnout, you can ask Stichting Burnout to call your employer to reach a compromise, like the burnout recovery plan of Stichting Burnout. If you seek a lawyer, google on ‘advocaat arbeidsrecht reintegratie’. But beware the lawyer can do little without written diagnosis.

An important objective of the employer is to avoid bezava – Bezava in ENGLISH – besides avoiding fines (‘UWV loonsancties’) by UWV by doing too little for your recovery.