Partially disabled employees are not receiving the agreed level of support from employers when seeking a job, a report published by the Labour Foundation has found. Employee representatives responded angrily to the fact that promises made by employers in this respect in 2004 have not been honoured and in light of the fact that many partially disabled people face unemployment. However, employer organisations have asserted that while employers agreed to make every effort to this end, the results of such efforts are beyond their control. Finding alternative positions within small and medium-sized businesses has proved to be particularly difficult, even though cross-sector initiatives show that this problem can be overcome.
According to a report published by the social partners united under the Labour Foundation (Stichting van de Arbeid, SvdA), employees declared partially (one third) unfit for work are not receiving the level of job-finding support promised by employers. This affects some 19,000 employees altogether, of whom 10,000 were declared unfit for work by the body implementing employee insurance schemes (Uitvoeringsinstituut Werknemersverzekeringen, UWV) in 2006. In 2004, the social partners agreed that employers would do everything possible to find alternative employment for employees who are declared unfit for work by 35% or less. In line with the new Work and Income Act (Wet Inkomen en Arbeid, WIA), which replaces the Occupational Disability Insurance Act (Wet op de Arbeidsongeschiktheidsverzekering, WAO), this group of workers is no longer entitled to benefits.
A large number of people declared partially disabled now find themselves without employment. The SvdA study shows that around 37% of people in this category were dismissed from their jobs, while 46% found alternative employment either with their former employer or with a new employer. Employee representatives are concerned by these figures, as reflected by the sense of anger expressed by the Chair of the Christian Trade Union Federation (Christelijk Nationaal Vakverbond, CNV), René Paas. However, employer organisations including the Confederation of Netherlands Industry and Employers (Verbond van Nederlandse Ondernemingen-Nederlands Christelijk Werkgeversverbond, VNO-NCW) and the Dutch Federation of Small and Medium-sized Enterprises (Midden- en Kleinbedrijf Nederland, MKB-Nederland) have pointed out that while employers did agree to make every effort possible, such measures by no means guarantee the desired results.
Lack of job alternatives within SMEs
In light of the limited job alternatives for partially disabled people, it was predicted that employers in the small and medium-sized enterprise (SME) sector would have the greatest difficulties retaining these employees. It now appears that even large companies are experiencing difficulties in finding alternative positions for employees who are partially disabled. Issues related to employee health constitute the most significant obstacle. Most employees with a partial disability report sick because of musculoskeletal type problems. These problems generally persist, making it difficult to continue working even after a medical examination. The second major difficulty for employers is the lack of suitable positions, which appears to be the main reason for employers requesting dismissal.
Collective agreement in airline sector
At the beginning of 2007, the Allied Unions (FNV Bondgenoten) concluded a collective agreement with KLM Royal Dutch Airlines, specifying that until 2010 the airline would not dismiss any employees declared unfit for work at a level of 35% or below. In relation to this collective agreement, FNV Bondgenoten noted that agreements reached at a centralised level also needed to be reached at a decentralised level. In turn, the employers pointed out that employees who are partially disabled often have a history of illness lasting at least two years. The employer is obliged to continue salary payments during this period and to actively support the reintegration of the sick member of staff. In some cases, if no results are achieved during this period, it can only be concluded that dismissal is unavoidable.
Examples of regional support
In other cases, however, it has proved possible to reintegrate workers who become partially disabled. At KLM, for example, some 50 employees a year out of a total workforce of 35,000 employees are redeployed. This includes baggage handlers who may no longer be able to lift certain items, or people with diabetes who can no longer work night shifts. Alternative employment can be found for these employees. Nonetheless, there are still limits to what a company can do for employees with disabilities. This is particularly evident in the SME sector, where alternative employment is often unavailable. However, a group of companies spanning several sectors in the province of North Holland has devised a possible solution. Acting on the initiative of the companies, a foundation of employees who are partially disabled jointly provides support for the various sectors. Together with the support of the Centre for Work and Income (Centrum voor Werk en Inkomen, CWI) and the UWV, their efforts directed at finding alternative employment for sick employees have so far proved to be successful.
Marianne Grünell, Hugo Sinzheimer Institute (HSI)