An employment conflict leads to high costs, work stress, poor motivation, low productivity and, in the worst case, employee sick leave or dismissal. It is therefore important for employee and employer to recognize and resolve a (latent) conflict quickly to prevent escalation.
Often an accumulation of events and miscommunication underlies an employment conflict. This can be in the area of cooperation, functioning, manners or reintegration, for example.
Mediation employment law
Mediation in the field of employment law can help to uncover the causes of an employment conflict, improve mutual communication, make new working arrangements and unblock the reintegration of a sick employee. Finally, employment mediation can be used to agree on conditions for termination of an employment contract by mutual consent.
Which employment conflicts?
As an employee you may lack the approval of a manager, there may be a reorganization that causes you a lot of unrest about tasks and responsibilities, as a manager you cannot get your message across, there is a difference of opinion about what language is allowed in email traffic. Just a few examples of situations that can lead to a dispute between an employer and an employee or a quarrel between colleagues on the workfloor, where employment mediation can lead to resolution of the conflict.
It can be enlightening to discuss these situations under the guidance of an experienced employment mediator. This creates clarity, you can put events into perspective and improve mutual communication. Often there appears to be sufficient basis to reach an acceptable and forward-looking solution together.
Sick leave or absenteeism can be the direct result of an employment conflict. It is possible for there to be medical grounds for calling in sick with an employment conflict also involved.
In those cases, the employer and the employee have legal obligations to reintegrate the employee (Wet Verbetering Poortwachter). An employment conflict can hinder the employee's recovery and reintegration.
Through employment mediation, you can enter into a dialogue with each other to resolve your employment conflict yourselves, so that you can proceed with reintegration efforts on a sound basis. It is not for nothing that company doctors regularly refer people to employment mediation. The STECR Werkwijzer Arbeidsconflict and the NVAB guideline Conflicts in the Work Situation discuss employment mediation as a form of conflict resolution in detail.
Termination of employment by mutual consent
In employment mediation, you may conclude that the solution lies in termination of the employment contract. Under the guidance of the employment mediator, the conditions of termination can then be negotiated. In this way, it is possible to say goodbye to each other in a reasonable and proper manner. The agreements made are recorded in a settlement agreement, which can always be discussed with one's own lawyer or legal advisor before signing.