What if an employer and employee get into a dispute about progress?
- 16/07/2026
- Posted by: Rosalie Derksen
- Category: Uncategorized
When an employer and employee disagree about the progress of reintegration, the situation can quickly escalate into a serious conflict. This happens more often than you might think: unclear expectations, different interpretations of what “cooperating” means, or a difference of opinion about the employee’s work capacity are often at the root of the problem. In this article, we answer the most frequently asked questions about conflicts during reintegration, so that both employers and employees know where they stand.
What are the most common causes of conflict during reintegration?
A conflict during reintegration usually arises because the employer and employee have fundamentally different views of what is possible and what is expected of each party. The most common causes are a difference in assessment of the employee’s work capacity, lack of clarity about reintegration obligations, and poor communication about progress.
In practice, we see that conflicts often stem from a combination of factors:
- The employee feels unheard or pressured to return to work faster than is medically advisable
- The employer doubts the employee’s commitment or motivation
- The action plan is vague or not consistently followed
- There is uncertainty about which reintegration track should be pursued
- The occupational physician and the employee disagree about the employee’s functional capabilities
A dispute about reintegration progress is rarely black and white. Behind a disagreement there is often a combination of emotional tension, medical uncertainty, and legal ambiguity. Initiating a conversation early prevents a difference of opinion from growing into a formal dispute.
What rights and obligations does the employee have during reintegration?
A sick employee has an obligation to actively cooperate with reintegration. This means: being available for meetings, contributing to an action plan, and performing suitable work if the occupational physician considers it feasible. At the same time, the employee has the right to careful guidance that aligns with their medical situation.
In concrete terms, this means the employee:
- Is obliged to respond to reasonable requests from the employer
- Must accept suitable work, even if it is temporarily different from their original role
- Has the right to an action plan drawn up in consultation with them
- Is entitled to guidance that takes into account the work capacity established by the occupational physician
- Has the right to raise objections if they disagree with the direction of reintegration
It is important to know that the employee is not required to perform work that is harmful to their health. If there is a conflict about what constitutes “suitable” work, the occupational physician’s advice is leading. In the event of a disagreement about work capacity, an expert opinion from the UWV can provide a resolution.
What rights and obligations does the employer have during reintegration?
The employer is legally required to continue paying wages for two years and to actively work toward reintegration. This includes: drawing up an action plan, engaging an occupational physician, offering suitable work, and evaluating progress in a timely manner. If the employer fails to do this adequately, they risk a wage sanction from the UWV.
The employer also has rights. If an employee consistently refuses to cooperate without a valid reason, the employer may suspend or stop wage payments. This is a significant measure that must be applied carefully and must always be announced in writing in advance.
When assessing reintegration efforts, the UWV looks back at the time of the WIA application after 104 weeks to determine whether the employer has done enough. The UWV does not impose an active obligation to draw up a trajectory plan during the process, but if efforts are deemed insufficient, it can extend the wage continuation obligation by up to 52 weeks. In principle, the employer chooses which reintegration track to pursue, although there are situations in which track 2 is objectively necessary.
What can an employer do if an employee refuses to cooperate with reintegration?
If an employee refuses to cooperate with reintegration without a valid reason, the employer has the right to suspend or stop wage payments. Before doing so, the employer must issue a written warning and give the employee a reasonable period of time to comply with their reintegration obligations.
Escalation is rarely the best first step. In practice, it is more effective to first open a dialogue and find out why the employee is not cooperating. Sometimes there is a medical reason behind it; in other cases, there may be a damaged working relationship or a lack of trust. A mediator or external advisor can help break the deadlock in such situations.
What can an employee do if they disagree with the employer?
An employee who disagrees with their employer about reintegration has several options. The first step is always to have a conversation: raise objections through the occupational physician or during discussions with the employer. If that does not help, the employee can request an expert opinion from the UWV or seek legal advice.
Specifically, an employee can:
- Ask the occupational physician for a second opinion from a different occupational physician
- Request an expert opinion from the UWV to obtain an independent assessment of their work capacity or the employer’s reintegration efforts
- Engage a trade union or legal advisor
- In the event of a serious conflict, bring in a mediator to restore the working relationship
It is important that the employee always documents their objections in writing. This provides protection if the conflict later becomes formal and creates a clear record of the communication that has taken place.
How does an expert opinion from the UWV help in a reintegration conflict?
An expert opinion from the UWV is an independent assessment of a specific point of dispute during reintegration. It can be requested by either the employer or the employee and provides an objective evaluation of, for example, the employee’s work capacity or whether the employer’s reintegration efforts have been sufficient.
The expert opinion is not binding, but carries significant weight in practice. It provides a factual basis for further discussions and can help move a stalled situation forward. If one of the parties ignores the opinion, this can be taken into account in any subsequent legal proceedings.
In a reintegration track 2 process, where the employee must find work outside their own organization, an expert opinion can also help clarify whether this track has been correctly initiated and whether the efforts align with the employee’s functional capabilities.
When is external support the best solution in a reintegration conflict?
External support is the best solution when communication between the employer and employee has completely broken down, when the working relationship has been damaged, or when both parties can no longer find a way forward together. A neutral third party can help restore trust and get the reintegration process moving again.
External support is also valuable when it becomes clear that a return to the employee’s original role or organization is no longer realistic. In that case, a specialized reintegration agency provides the structure and expertise to guide the employee toward new employment, while the employer fulfills their legal obligations.
The sooner external support is brought in, the greater the chance of a successful outcome. Waiting until the conflict has fully escalated makes the path forward more difficult — both for the working relationship and for reintegration progress.
How UFIND helps with reintegration conflicts
At UFIND, we understand that a conflict over reintegration progress can be a heavy burden for both employers and employees. We offer practical, personalized guidance that breaks the deadlock and brings the focus back to what truly matters: a realistic and sustainable path to employment.
What we offer:
- Tailored reintegration track 2 programs, developed in consultation with both employer and employee
- Guidance from a single dedicated coach throughout the entire process
- ACT methodology to transform limiting thoughts into positive action
- More than 15 years of experience in complex and challenging reintegration situations
- Recruitment expertise that increases the chances of finding meaningful new employment
We embrace complex situations and are not deterred by a challenging job market or a difficult case. Contact us and discover what we can do for your situation.