An employment conflict can have major consequences for both employee and employer. Tensions in the workplace, disagreements about performance or a disrupted employment relationship often lead to stress and uncertainty. However, a conflict does not always have to end in dismissal: multiple solutions are possible.
In this article, we discuss what an employment conflict is, what rights you have and which steps you can take to resolve the conflict or – if that is not possible – to part ways under the right conditions.
What is an employment conflict?
There is an employment conflict when the employer and the employee seriously disagree and this hinders cooperation. Examples are:
-
Disagreement about performance or workload.
-
Clashes with managers or colleagues.
-
Disagreement about terms of employment, such as working hours or salary.
-
Escalation due to bullying, intimidation or discrimination.
What rights do you have in a workplace conflict?
-
Your employer may not simply dismiss you.
-
Sometimes you can call in sick in cases of severe stress or tension-related symptoms, after which you are entitled to continued pay and reintegration.
-
The employer must make efforts to resolve the conflict, for example through mediation.
Possible solutions for a workplace conflict
1. Mediation or conciliation
An independent mediator helps the parties reach agreements and restore collaboration.
2. Transfer or adjustment of duties
Sometimes it is possible to alleviate the conflict through a different position or work environment.
3. Settlement agreement (VSO)
If working together is no longer possible, parties often opt for a termination by mutual consent via a VSO. Then agreements can be made about:
-
Severance payment.
-
Release from work.
-
Neutral reason for termination.
-
Certificate or reference.
Termination due to a disrupted employment relationship
If restoration proves impossible, the employer can request dissolution at the subdistrict court on the grounds of a disrupted employment relationship. The judge assesses whether a return to the company is still possible. In such cases, a transition allowance is often awarded.
👉 Tip: Through a VSO you can often negotiate a higher compensation than through court proceedings.
Examples from practice
-
Example 1: An employee had ongoing conflicts with his supervisor. Through mediation, the cooperation was restored and he was able to stay.
-
Example 2: An employee became ill due to tensions in the workplace. Ultimately, through a VSO, a settlement was reached with compensation higher than the transition allowance.
-
Example 3: An employment dispute escalated so much that the judge terminated the contract due to a disrupted employment relationship. The employee received the transition allowance, but no extras.
Checklist for an employment dispute
-
📑 Keep a file on the dispute (emails, conversations).
-
🧑⚖️ Ask for mediation when tensions persist.
-
📅 Check whether your employer complies with the rules regarding sickness and reintegration.
-
💶 In a VSO, always have the compensation calculated.
-
⚖️ Have an employment lawyer assess your position before you sign anything.
Common mistakes
-
Signing a VSO immediately without legal advice.
-
Not building a case file, which means evidence is missing.
-
Thinking that calling in sick automatically prevents dismissal.
-
Accepting a reason for dismissal that jeopardizes your unemployment benefits.
Frequently Asked Questions (FAQ)
1. Can my employer dismiss me because of a conflict?
Only through the court or with your consent via a VSO.
2. What happens if I call in sick due to a workplace conflict?
You are entitled to continued salary payment and reintegration, but the conflict must still be resolved.
3. Is mediation mandatory in a conflict?
It is not legally required, but judges do expect the parties to first try to resolve the conflict.
4. Will I receive compensation if dismissed due to a conflict?
Yes, at least the transition compensation, and often more with a settlement agreement (VSO).
5. Can a lawyer help with an employment dispute?
Yes, a lawyer can mediate, negotiate, and litigate if necessary.
Why Arslan Advocaten?
-
Specialized in employment disputes and dismissal
-
Experienced with mediation and negotiations
-
Often achieve higher compensation through settlement agreements
-
Protecting your rights during illness and reintegration
Conclusion
An employment conflict does not always have to end in dismissal. Often there are solutions such as mediation or adjusting the work. If dismissal is unavoidable, you can still ensure fair compensation and the protection of your rights through a settlement agreement or legal proceedings.
Frequently Asked Questions
What should I do if I am involved in an employment conflict?
It’s important to document the conflict and seek to resolve it through mediation or discussion with your employer. If resolution is not possible, consider legal options like a settlement agreement or filing for dissolution of the employment contract.
Can my employer dismiss me without reason during a workplace dispute?
No, your employer cannot dismiss you arbitrarily; they must follow legal procedures and cannot simply dismiss you due to a conflict. If you believe you are dismissed unfairly, you may have rights to challenge the dismissal.
What legal options are available if workplace conflicts cannot be resolved internally?
You can pursue mediation, request a transfer or adjustment of duties, or negotiate a settlement agreement. If these options fail, your employer may seek dissolution of the contract through court, especially in cases of a disrupted employment relationship.
What benefits might I receive if my employment is terminated due to a disrupted relationship?
You may be entitled to a transition allowance, and in some cases, higher compensation through settlement agreements. The court will also evaluate whether a return to work is still possible and may award additional benefits accordingly.
