Ontslagrecht

Ontslag van werknemers bij ziekte is niet te adviseren voor bedrijven. Het ontslagrecht is bijna nergens zo solide opgebouwd voor de werknemer als in Nederland. Er wordt weleens gezegd dat er de afgelopen jaren meer versoepeling is opgetreden op het gebied van de mogelijkheden om werknemers met een vast contract te ontslaan, of op een andere manier te laten afvloeien.

Als dit al zo is, geldt dit zeker niet in een geval van ziekte of conflict. De Nederlandse wet is heel sterk gefocust op het willen voorkomen van ontslag van zieke werknemers. Op zich is dit vanuit een maatschappelijk solidariteitsprincipe natuurlijk logisch. Wel kan het voor werkgevers in bepaalde gevallen belemmerd zijn. Namelijk, een werkgever kan een situatie krijgen waarbij een werknemer met verzuimt met zeer vage klachten. In sommige gevallen is het voor de bedrijfsarts niet direct duidelijk of de klachten daadwerkelijk overdreven (of uit de lucht gegrepen) zijn. Er zijn werknemers die dusdanig sluw zijn dat zij de werkgever voor een periode van twee jaar voor ziekte laten bepalen (à 250 euro per dag voor de kosten van ziekteverzuim), om vervolgens een korte periode volledig te hervatten in de werkzaamheden en tot slot weer twee jaar uit te vallen.

Mepros heeft veel ervaring met het herkennen van verschillende verzuimgevallen. Laat ons voorop stellen dat het allerbelangrijkste is om de werknemers met terecht verzuim zo goed mogelijk te helpen. In de meeste gevallen vinden de werknemers verzuimen vervelend, omdat zij zich fysiek/mentaal niet goed voelen, maar ook kunnen schuldgevoelens ten opzichte van de leidinggevende/eigenaar en schuldgevoelens aangaande het werkteam opspelen.

Er zijn echter ook gevallen van verzuim waarbij de werknemer eerder kan hervatten in het werk dan hij/zij uitdraagt. Hierbij is vooral ervaring, mensenkennis en een gedegen medische houvast van belang. Deze elementen kunnen niet zonder elkaar. Namelijk, op het moment dat Mepros een werknemer de werkzaamheden laat hervatten, en het UWV is het achteraf niet eens met de medische stelling van Mepros, dan kan het UWV de werkgever een sanctie opleggen. Deze sancties zijn per 1 januari 2017 verhoogd en de autoriteiten hebben duidelijk aangegeven meer boetes te gaan uitdelen ten aanzien van incorrecte behandeling van ziekteverzuim.

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