An employment conflict is stressful and uncertain. We help you navigate it and protect your position.
When you and your employer have an ongoing disagreement about a specific situation and neither of you can find a solution, you're dealing with an employment conflict.
Such a disagreement creates a very uncertain and therefore stressful situation for you as an employee. The fear of temporarily not being paid or losing your job entirely is common. Relationships with colleagues and clients can also come under pressure.
That's why it's in your best interest as an employee to resolve an employment conflict as quickly as possible.
As an employee, there are many uncertainties about the effects of an employment conflict. Many people fear that it will inevitably lead to dismissal.
However, when you have a conflict with your employer, it may not be your fault. To demonstrate this, it's important that you can show you acted reasonably and cooperated in finding a solution.
Under Dutch employment law, if you act reasonably, your employer is generally obliged to continue paying your salary, even if you temporarily don't perform your usual duties.
Sometimes an employment conflict is of such a nature that the disrupted working relationship prevents you from performing your duties temporarily. A severe employment conflict often has consequences for your mental and/or physical health.
The occupational physician (bedrijfsarts) assesses whether you have actually become ill due to the situation at work. If this is established, a cooling-off period may be advised - a short period where you don't have to work while the conflict is addressed.
Note: Good employee conduct
As difficult as it may be, it's always important to demonstrate good employee conduct and not to call in sick when you're not actually ill. If the conflict does lead to legal proceedings, you'll have a stronger position if you've followed these rules.
An unwanted and/or unexpected job change or transfer is often at the root of a conflict.
Repeated problems with overtime, holidays, or sick leave can seriously damage the relationship.
Miscommunication or lack of feedback can lead to frustrations that escalate into conflict.
We often hear from people caught up in an employment conflict that they're afraid of losing their job. The employer has a higher position and makes the decisions - which can feel intimidating.
However, your subordinate position alone can never be the cause of dismissal. Your employer can only demand things from you that are within the bounds of reasonableness.
Under Dutch law, dismissal typically requires a valid reason and proper procedure. In many cases, prior documented warnings are required before dismissal is possible.
To deal with the stress and negative atmosphere as quickly as possible, it's important to talk to your employer. With a recent conflict, there's a chance you can reach a compromise.
Can't work it out together? Then it's time to get professional guidance. This can be through mediation or legal assistance that helps strengthen your position.
Whether you continue together or part ways: make sure all agreements are documented in writing. This prevents misunderstandings and protects your rights.
In restoration, the procedure focuses on continuing the employment relationship. Together, you look for ways to improve collaboration and make new agreements.
If the conversations show that it's not possible to stay employed? Then we help you negotiate a good exit arrangement, usually documented in a settlement agreement. This way, the negative consequences of your departure are kept to a minimum.
At LegalBacking, we are 100% on the employee's side. We help you with legal assistance to resolve the conflict and achieve the best result.
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