Bezava Law:

your protection by the Dutch law

 

The Bezava law has been introduced in the Netherlands at January 1st, 2013.

 

This law states that an employer, after a ‘leaving the company sick’ is responsible for the payments up to 10 years AFTER an employee leaves the company sick. Unless the employee recovers.

Potential costs for the employer: €200K -800K per case!

The lawmakers envisioned that it would stimulate employers to establish a non-burnout environment and prevention of burnout.


Sadly enough, the law had perverse effects:

  • Denial by the employer or the company doctor of a burnout or any other occupational disease.
  • Denial of the indication/diagnose of a burnout, regardless the official guideline: https://www.nvab-online.nl/richtlijnen/richtlijnen%20NVAB/richtlijn-overspanning-en-burnout. This guideline also mentions diagnostical and scientifically acknowledged tests BAT, SCL 90, Ubos and 4DKL
  • Employer and company doctor try to get you a diagnose for a "depression" of for an "adjustment problem" (then you are the problem and not the company). The only reason: the treatment of these disorders out of the DSM-V are paid by the insurance. Then you don't get the right treatment!
  • Employer and company doctor insist on you leaving the company voluntarily. If you do so, you have no unemployment benefits. And the company has no obligations twards you.
  • employers try mediation in order you to sign a settlement agreement (‘vso’= vaststellingsovereenkomst), which is forbidden in case of illness and throws all your rights away.

 

HOW TO BREAK THROUGH THIS WALL OF DENIAL?

 

Whatsapp me (0640344998) and ask for diagnostical tests according to the burnout guideline.

Of course, you get the diagnosis in an official report.
 

Email the summary of your diagnosis to your employer and say you give permission to them to keep it.
 
Send a copy of the diagnosis to UWV, afdeling ziektewet, Postbox 57015, 1040 CT Amsterdam and tell UWV you think your employer is planning to deny everything and refusing paying burnout recovery by Mind@Ease.


Have Mind@Ease make a recovery plan for you. This will be sent to your employer with the costs and consequences of default.

 

Then wait how employer reacts…..on every reaction Mind@Ease has the counterreaction, and if employer waits 2 months or longer and does not approve a therapy, you can ask a ‘UWV second opinion’, ‘UWV deskundigenoordeel’, telling them about your diagnosis, employer’s refusal to pay for recovery, and asking UWV to fine your employer. Just before the first sick year evaluation and 3 months before 2 years sick evaluation are ideal moments to do so.
 
You may need a lawyer in this process; look for a lawyer good in ‘arbeidsrecht’ and ‘reintegratie’ who works ‘op toevoeging’, which means you have to pay only a little low own contribution, following this table of income:
 https://www.rechtsbijstand.nl/over-mediation-en-rechtsbijstand/hoeveel-moet-ik-zelf-betalen/inkomensnormen

 

ONCE your employer sees:

  • you know your rights (I can help you with your legal rights)
  • you have a good written diagnosis, performed along the burnout guideline, including diagnostic tests
  • you informed UWV (with danger of bezava for employer!)

the employer will usually grant burnout recovery.