Court orders employer to re-employ disabled worker in adapted tasks despite termination permit request.
Netherlands (NL)
Legislator summary
AI generatedThe court ordered BAM to re-employ the plaintiff in adapted work within 48 hours. The plaintiff had been partially disabled since 2010 and performed adapted tasks for over two years before BAM ceased offering them and requested a termination permit. The court ruled that the mere request for termination does not negate the worker's interest in employment and found BAM failed to prove adapted work was no longer available.
Legislator headnote
AI generatedWet werk en inkomen bij arbeidsongeschiktheid; Wet op de arbeidsomstandigheden: An employer cannot refuse a request for re-employment in adapted work solely because a termination permit has been requested, provided the worker has a legitimate interest in continued employment and the employer cannot demonstrate the work is no longer feasible.