This is a major victory for the FNV: the Court of Appeal of Bois-le-Duc ruled that an employer was liable for overworking one of its employees, insofar as there was no active policy for the prevention of fatigue at work. The employee defended by the FNV, the largest union in the Netherlands, worked for 60 hours a week for 25 years in the same company before being declared 100% disabled. A first instance judge first ruled that the employer wasn’t liable, but the FNV appealed. The benefits to be paid to the employee are currently being negotiated. This precedent should encourage employers to be more careful as to the workload they ask their employees. Burnout is one of the main causes for long-term sick leaves in the Netherlands. “Employers shouldn’t react after the employee starts complaining. It’s often too late by then” explained Govert Jan Knotter, lawyer at the Bureau of Occupational Diseases (BBZ – Bureau Beroepsziekten), an FNV structure. The BBZ already won a major victory in August. The unemployment insurance (UWV) had to pay €300,000 in benefits to a burned-out employee because he was ill-advised.
o late by then” explained Govert Jan Knotter, lawyer at the Bureau of Occupational Diseases (BBZ – Bureau Beroepsziekten), an FNV structure. The BBZ already won a major victory in August. The unemployment insurance (UWV) had to pay €300,000 in benefits to a burned-out employee because he was ill-advised.
Planet Labor, October 12, 2009, No. 090920 – www.planetlabor.com
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