The STECR Workplace Conflicts Guide.

In April 2022, the Stichting Expertisecentrum Participatie (STECR) released the 7th version of its Werkwijzer Arbeidsconflict. The Werkwijzer offers starting points for practice when an employee is reported sick as a possible consequence of an employment conflict. In this article Antoinette Niebeek and Sander Poelman explain what the Werkwijzer means for practice. They also discuss the compulsory or non-compulsory nature of the Werkwijzer. In addition, they discuss an addition to the 7th version: the prevention of labor conflicts.

The STECR Workbook

The Werkwijzer has existed for a number of years now and contains guidelines for company doctors and other occupational health and safety professionals. These include how they should handle a situation in which an employee is absent as a possible consequence of a labor conflict. The question here is often whether the employee is really sick and whether he is entitled to continued payment of wages. The Werkwijzer aims to resolve or reduce the conflict as much as possible. This can be done, for example, with the help of a cooling off period for the employee or by starting mediation.

The legal status of the STECR Working Guide.

STECR is a multidisciplinary and practice-oriented knowledge group consisting of various professionals working in the field of work, care and income. STECR publishes several Work Guidelines within that domain. These Guidelines do not qualify as 'law' and as such have no legal binding force. The company doctor is therefore not obliged to apply the Werkwijzer Labor Conflicts.

The STECR Workbook and the UWV

Despite its non-mandatory nature, the Werkwijzer does have a guiding character. Thus, in practice, the UWV assesses whether the instruments referred to in the Werkwijzer have been used. This serves as a guideline for the UWV to assess whether everything has been done to restore the working relationship within the framework of the reintegration of the employee. If the UWV judges that this is not the case, a wage sanction may be imposed.

The STECR workbook and the court

The court can also review the use of the Werkwijzer. For example, he may rule that a wage freeze was unjustly imposed because the opinion of the company doctor was not in accordance with the Werkwijzer. Also, not acting in accordance with the Werkwijzer during a labor conflict can be seen as culpable action by the employer. If dismissed, this could lead to fair compensation for the employee.

The STECR workbook and the employer

An employer is therefore well advised to ask the company doctor how he arrived at his opinion. In any case, the employer should not simply hide behind the opinion of the company doctor without checking.

The future of the STECR workbook

Incidentally, the question is to what extent the STECR Werkwijzer will remain guiding in the future. In 2019, the Dutch Association for Occupational Health and Safety introduced its own guideline for dealing with labor conflicts: the NVAB Guideline on Conflicts in the Work Situation. This is because the NVAB has its own view on dealing with labor conflicts.

Unlike the STECR Werkwijzer, the NVAB guideline does have binding status for the company doctor. The documents currently coexist, but the expectation is that company doctors will primarily use the NVAB guideline. Practice will have to show.

Prevention is better than cure

So, despite these developments, a new version of the STECR Workplace Conflicts Guide was recently released. One criticism of the earlier versions of the Werkwijzer was that they did not focus on the prevention of labor conflicts. The latest version therefore addresses this.

Focused tips

Some of this newly added information is theoretical and focuses on the creation of conflict. For example, an employee needs to feel heard by his management. In addition, diversity within the organization allows for greater understanding of each other's customs and actions. 

For practitioners, however, the new Werkwijzer also offers some more focused tips. For example, it sets out what a "good" conversation with an employee should look like. An employer can use this as a guide for (difficult) conversations with employees.

New style for employee participation

In addition, a "new style" of employee participation in health and safety policy is advised. Close involvement of an employee in the policy ensures a greater sense of responsibility for his or her own safety and health as well as that of colleagues. The Works Councils Act and the Working Conditions Act already provide bases for involving employees in the creation, modification and implementation of such policies. In practice, however, this did not prove to provide the desired involvement.

More obligations for workers

The Working Guide advocates more obligations for employees to achieve such involvement. For example, the works council could make consent to certain proposed resolutions conditional on the actual involvement of the relevant employees in its creation.

Consulting employees more actively about their needs regarding certain internal policies also contributes to closer involvement and therefore a greater sense of responsibility. This could contribute to an organizational culture in which labor conflicts and absenteeism could be more prevented.

Conclusion

The recently published 7th version of the STECR Werkwijzer offers guidance on how to deal with labor conflicts. The Werkwijzer is primarily aimed at the company doctor, but the employer is well advised to consult the Werkwijzer if he suspects that an employee is calling in sick because of an industrial dispute.

The Werkwijzer is not mandatory, but nevertheless - for the time being - has a guiding character. Both the UWV and the court can test the actions of the employer or the company doctor against the Werkwijzer. Employers are therefore well advised to ask the company doctor to substantiate his opinion.

In addition, the Werkwijzer provides the employer with a clear framework regarding labor conflicts. For the first time the new version of the STECR Werkwijzer also pays attention to the prevention of labor conflicts. In practice, this remains case-specific. Still, employee involvement and having good conversations are tips employers can take with them.

Do you have questions about an employment dispute, or, for example, the opinion of a company doctor, and want to spar with one of our attorneys employment law? Call or email us. We will be happy to help you further.