Problem Analysis of Absenteeism in Delft
In Delft, with its thriving academic and industrial sectors, problem analysis of absenteeism is an essential first step in Dutch labor law for employers and employees dealing with sick leave. This structured assessment identifies the causes of absence, such as medical, non-medical, or mixed factors, and enables timely intervention in line with the Gatekeeper Improvement Act. For residents of Delft, this promotes reintegration and prevents long-term absence, particularly in local organizations like TU Delft or engineering firms.
What does problem analysis of absenteeism entail for residents of Delft?
Under labor law, problem analysis of absenteeism refers to a systematic evaluation of the reasons behind sick leave, required as soon as an employee in Delft reports illness. It covers not only medical diagnoses but also non-medical elements, such as workplace stress in a lab or personal challenges. This process determines if the absence is work-related, leading to targeted measures. In Delft, employers, often supported by local occupational health services, must complete this within a week to meet legal requirements and avoid UWV sanctions, such as suspending wage payments.
Employers in the region bear the responsibility, assisted by an occupational health physician. For advice on this process, residents of Delft can turn to the Juridisch Loket Delft, which provides free support for labor law questions.
Legal basis of problem analysis of absenteeism
The foundation lies in the Gatekeeper Improvement Act, integrated into the Disability Insurance Act (WAO) and the Work and Income Capacity Act (WIA). Article 7:658a of the Dutch Civil Code (BW) requires employers to maintain the employment contract and find suitable work. The Gatekeeper Improvement Act of 2001 initiated the gatekeeper procedure, with problem analysis as the initial phase.
The UWV requires employers to create an action plan based on the analysis within a week of notification. Failure to comply can result in penalties, such as an additional year of wage continuation. For employees in Delft, this offers protection against unfair treatment; in disputes, the District Court of The Hague has jurisdiction, and the Juridisch Loket Delft assists with preparation.
How does problem analysis proceed in Delft's practice?
The process begins with the sick leave notification. In Delft, the employer invites the employee for a discussion, typically within two days, to address complaints, work conditions—such as in a busy workshop—and potential solutions. An occupational health physician evaluates the medical aspects, adhering to privacy rules under the GDPR.
Key steps in the process:
- Notification and intake: Register the sick leave and schedule a meeting with the employer in Delft.
- Discussion with the employee: Investigate causes, from physical discomfort to stress from project deadlines.
- Medical consultation: The occupational health physician assesses incapacity within a week.
- Develop an action plan: Including reintegration goals, tailored to local opportunities through the Municipality of Delft.
- Evaluation: Regular adjustments, especially in the first year.
Collaboration is crucial; employers may not demand detailed medical information but can request a UWV expert opinion in case of disputes. The Municipality of Delft provides additional support through prevention programs for work-related absence.
Differences between medical and non-medical absenteeism in Delft
Absence is not always purely medical; the analysis clearly distinguishes this. An overview:
| Aspect | Medical absenteeism | Non-medical absenteeism |
|---|---|---|
| Cause | Physical or mental condition (e.g., cold, depression) | Work- or personal-related (e.g., high workload in a Delft lab, family issues) |
| Approach | Focus on treatment; wages paid for up to 104 weeks | Workplace interventions; often shorter duration |
| Example | Bone fracture from a fall outside work | Absence due to team conflicts at a local tech firm |
| Legal obligation | Mandatory reintegration plan | Prevention and workplace adjustments |
Rights and obligations in problem analysis of absenteeism for residents of Delft
Rights of the employee:
- Right to a discreet and respectful discussion.
- Protection against dismissal in the first two years of illness (unless exceptional circumstances).
- Right to wages (at least 70%, often 100% in the first year).
- Option to object via the works council, UWV, or the Juridisch Loket Delft.
Obligations of the employee:
- Actively participate in the analysis and reintegration (refusal risks sanctions).
- Openly communicate about health and capabilities.
- Attend discussions and checks.
Rights of the employer:
- Information on limitations (not detailed diagnoses).
- Use of experts such as occupational health services.
Obligations of the employer:
- Conduct an unbiased and timely analysis.
- Develop and implement a plan.
- Avoid discrimination (under the Equal Treatment Act on health grounds).
Practical examples of problem analysis of absenteeism in Delft
Consider a researcher at TU Delft who reports sick with back pain. The analysis reveals this stems from prolonged computer work (non-medical). The employer introduces ergonomic adjustments and flexible hours, accelerating reintegration. Without this analysis, the absence could persist, potentially escalating to the District Court of The Hague. Another case: an employee at a Delft engineering firm experiencing stress from deadlines; the analysis leads to coaching through the occupational health service, supported by Municipality of Delft programs.
Veelgestelde vragen
Wat is mijn retourrecht?
Bij online aankopen heb je 14 dagen retourrecht zonder opgaaf van reden, tenzij de wettelijke uitzonderingen gelden.
Hoe lang geldt de wettelijke garantie?
Goederen moeten minimaal 2 jaar meewerken. Defecten die binnen 6 maanden ontstaan worden verondersteld al aanwezig te zijn.
Kan ik rente eisen over schulden?
Ja, je kunt wettelijke rente eisen (momenteel ongeveer 8% per jaar) over het openstaande bedrag.
Wat kan ik doen tegen oneerlijke handelspraktijken?
Je kunt klacht indienen bij de consumentenbond, de overheid of naar de rechter gaan.
Wat is een kredietovereenkomst?
Een kredietovereenkomst regelt hoe je geld leent, wat de rente is, en hoe je dit terugbetaalt.