Re-integratie van langdurig zieke werknemers: knelpunten in de Wet verbetering poortwachter

Abstract

This dissertation examines the functioning of the Dutch Gatekeeper Improvement Act (Wet verbetering poortwachter, WVP) in cases of long-term incapacity for work. The WVP aims to promote the employee’s timely and effective return to work and to prevent long-term sickness absence by making the employer and employee jointly responsible for reintegration. The question, however, is whether this allocation of responsibilities functions in practice as intended and actually leads to better reintegration outcomes.

The research shows that the Dutch gatekeeper system has achieved important results, but also has structural shortcomings. The allocation of responsibilities between employer and employee, as well as the roles of professionals and the Dutch Employee Insurance Agency (UWV) within the gatekeeper process, regularly give rise to questions concerning the division of responsibilities, friction and juridification in complex cases of sickness absence. Significant problems arise particularly in cases of mental health-related incapacity for work, complex sickness absence and the transition from first-track to second-track reintegration.

The research further shows that the assessment of reintegration efforts is strongly influenced by procedural requirements and accountability pressures. As a result, the focus in practice regularly shifts from substantive return-to-work efforts towards risk management, record-keeping and the prevention of wage-payment sanctions. This puts pressure on cooperation between employer and employee.

Drawing in part on a comparative legal analysis of the Dutch and Danish systems, this dissertation presents concrete proposals for a more practicable reintegration system. These proposals seek to align responsibilities more closely with the parties’ actual ability to influence the reintegration process and place greater emphasis on sustainable return to work.