A disrupted employment relationship causes significant tension and stress. We help you navigate this difficult situation.
A disrupted employment relationship (verstoorde arbeidsverhouding) is a recognized concept under Dutch employment law. It refers to a situation where the working relationship has broken down to such an extent that normal cooperation is no longer possible.
This causes significant tension and stress, and in some cases may lead to sick leave. When your job security is also uncertain, the pressure can become overwhelming.
A disrupted employment relationship occurs when disputes persist for a long time and are not or not properly addressed.
Often, this develops after various smaller issues that were not properly addressed over time. However, a single serious incident can also cause an immediate breakdown.
A disrupted employment relationship is therefore a structural problem that cannot be easily solved and is very different from a standalone discussion or disagreement in the workplace.
Disputes can arise from misunderstandings about roles and responsibilities. When these are not clear, it can cause a clash.
Conflicts often arise when an employee feels overloaded or asked to perform tasks outside their role, while the employer has different expectations.
Differences in personality and views can play a role in the development of a disrupted employment relationship.
It is often difficult to objectively determine the source of the disrupted employment relationship. Are the roots with the employer, the employee, or both?
An employment conflict can lead to sick leave - but in the Netherlands, only an occupational physician (bedrijfsarts) can determine whether you are medically ill. An employer may question whether payment should continue if there is no diagnosed illness.
However, even without medical illness, there may be situational incapacity for work (situatieve arbeidsongeschiktheid). Under Dutch case law, the employer may still be required to continue paying wages (in whole or in part) depending on the circumstances.
Whether wages must be continued depends on factors such as who caused the situation and whether both parties are acting reasonably. The occupational physician provides an advisory assessment.
The occupational physician (bedrijfsarts) may advise that there is situational incapacity for work. This advice often includes a 'cooling-off period' - a short period during which you don't work, while both parties take steps to address the underlying issues. Note: this is a practical approach rather than a formal legal right.
The occupational physician advises a period during which you don't work, but during which efforts are made to restore the relationship.
In most cases, employment mediation is advised. You sit down together with your employer and a mediator.
Mediation often leads to continuing together under new agreements, or to termination of the employment contract by mutual consent.
Employment mediation is often a more practical way to resolve a disrupted employment relationship than going to court. Legal proceedings typically take longer and are considerably more expensive.
Moreover, a lawyer is always there for one of the two parties. In mediation, the mediator is neutral and supports both parties in finding a solution that is acceptable to both.
Note:
Although participation in mediation is voluntary, any agreement reached is binding. Both parties must adhere to the new agreements.
If mediation fails or isn't attempted, the matter may end up in court (kantonrechter).
Under Dutch law, a disrupted employment relationship can be grounds for dismissal - but the employer must demonstrate they made serious efforts to restore the relationship, considered alternatives like reassignment, and that the situation is truly irreparable.
At LegalBacking, we are 100% on the employee's side. We provide legal assistance for disrupted employment relationships.
Is mediation advised? We can support you during the mediation sessions. We join online via video call, so you're not alone and have direct legal support.
This way you can be sure your interests are well represented, even if the other party has hired a lawyer.
At LegalBacking, we are 100% on the employee's side. We help you with legal assistance and support during mediation.
Get in touch