Second-track reintegration focuses on suitable work with another employer. It comes into play when a lasting return within your own organisation offers insufficient prospects. Examine the timing on the basis of up-to-date medical and occupational information. The first track remains relevant as long as real opportunities exist there.
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Starting too early can cause unnecessary pressure. Starting too late may lead the UWV, the Dutch employee insurance agency, to find the reintegration efforts insufficient and to extend the employer’s obligation to continue paying wages by up to 52 weeks. The file should therefore show not only that a programme was purchased, but also why the timing and the chosen activities were appropriate.
What is the difference between the first and second track?
The first track focuses on a lasting return to work with your own employer. First your own job is considered, then your own job with adjustments, and then other suitable work within the organisation. The second track focuses on suitable work with another employer.
The tracks are not mutually exclusive. An employer may not drop the first track as soon as the second track begins. When internal opportunities arise, they must still be investigated seriously. At the same time, an uncertain internal prospect may not be used to postpone external orientation indefinitely.
Which statutory obligations apply to reintegration?
Article 7:658a of the Dutch Civil Code (BW) requires the employer to take timely measures and give instructions that are reasonably necessary for the employee’s placement in suitable work. If it is established that no suitable work is available within the employer’s own business, the employer must promote the employee’s placement in suitable work with another employer.
The Gatekeeper Improvement Act (Wet verbetering poortwachter) works with fixed milestones: the problem analysis, the action plan, periodic evaluations and the first-year evaluation. When the WIA (incapacity benefit) application is made, the UWV assesses the result and, if no satisfactory result has been achieved, the efforts made. The Werkwijzer Poortwachter (the UWV’s gatekeeper assessment guidelines) provides direction for that assessment.
When must second-track reintegration start?
According to the UWV Werkwijzer Poortwachter, the second track starts as soon as a structural return within your own organisation is no longer in sight. The starting point is no later than six weeks after the first-year evaluation. Refraining from the second track requires a concrete prospect of a structural internal return within three months. Reference date: 22 September 2026.
If capacity for work only arises later, the UWV describes a period of no more than eight weeks until the activities actually start. Assess the medical and occupational circumstances separately. Treatment or hoped-for recovery does not justify a general postponement.
For employees who have reached the state pension (AOW) age, there is an exception to the statutory obligation to promote work with another employer. Article 7:658a(1) of the Dutch Civil Code makes that distinction. The obligations regarding suitable work within the employer’s own business remain relevant. Reference date: 23 September 2026.
Who decides whether the second track is needed?
The company doctor (occupational physician) advises on capacity for work and prognosis. A labour expert usually investigates the suitability of the employee’s own job, adjusted work and other work, and the opportunities within the organisation. The employer remains responsible for managing the process and for the final reintegration file. That responsibility remains when an agency is engaged.
The employee does not have to prove personally that no position at all exists within the organisation. However, the employee must cooperate with reasonable investigations, meetings and suitable activities. A difference of opinion can be submitted to the UWV by way of an expert opinion (deskundigenoordeel).
What can be expected of the employee?
The employee must seriously consider reasonable proposals, provide an up-to-date CV, take part in meetings, discuss suitable vacancies and apply for jobs when this is part of the plan. Activities must match the employee’s capacity for work, education, experience and realistic labour market prospects. Ask for an explanation if an assignment is not sufficiently clear.
A programme may not consist solely of standard assignments. It must be adjusted in concrete terms when applications produce no results or when capacity for work changes. The employee would be well advised to keep a record of their own activities and to respond in writing when assignments are unclear or medically unfeasible.
What must the employer arrange?
The employer must choose a suitable programme, make clear arrangements, monitor progress and adjust course if things stall. The employer must also continue to investigate whether suitable work is available within its own organisation. Merely paying a reintegration agency is not enough. Progress must be evident from concrete activities and adjustments.
Key documents in the file are the problem analysis, the action plan, revisions, the first-year evaluation, the labour expert’s report, the company doctor’s advice, reports from the programme and records of concrete internal and external opportunities. Medical details do not belong in the employer’s file.
When is work with another employer suitable?
Suitable work is assessed on the basis of the employee’s strengths and abilities, unless acceptance cannot be required for physical, mental or social reasons. The longer the illness lasts, the broader the range of work that may be considered suitable. Salary level, travel time, hours, education and the durability of the placement all play a role, but no single feature is always decisive on its own.
A trial placement, secondment or temporary placement may form part of the programme. Agree in advance who remains the employer, how wages and guidance are arranged and what happens if the placement ends. Do not sign a new agreement without advice, as it may unintentionally terminate existing rights.
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What does the second track mean for dismissal or a settlement agreement?
The start of the second track does not mean that the employment contract ends. During the first 104 weeks of illness, the prohibition on giving notice during illness applies in principle. After that period, termination may be considered if recovery and redeployment cannot be expected within a reasonable period and the other conditions are met.
Be cautious about a settlement agreement during illness. Termination may have consequences for wages, the Sickness Benefits Act (Ziektewet) and the WIA. Before signing, have it assessed whether the initiative, the end date, the recovery expectation and the benefit risks have been properly addressed.
What can the UWV do if reintegration is insufficient?
If the UWV finds that the employer has done too little without good reason, the period of continued payment of wages may be extended by up to 52 weeks. The employer can remedy the shortcomings and then request a reduction. For the employee, a wage sanction means that the employment relationship and the reintegration continue for longer.
If things stall, an expert opinion can be useful on the question of whether the employer or the employee is making sufficient reintegration efforts or whether the work offered is suitable. Do not wait until just before the WIA application if the dispute has already been going on for months.
Which mistakes can you avoid?
A common mistake by employers is automatically starting the second track in week 52 without analysing the current opportunities. The opposite mistake is continuing to wait for full recovery while there is no internal prospect. A standard programme without demonstrable adjustment is also risky. Record the chosen approach and its justification in writing.
Employees run a risk if, out of frustration, they reject every external proposal, miss appointments or only object verbally. Formulate objections in specific terms, keep cooperating with the parts that are feasible and, if necessary, ask for the plan to be adjusted.
Which steps should you take in a dispute?
Work from the specific arrangement or advice about which there is a difference of opinion. First gather the documents and then formulate your question. Record responses in writing and assess the next step on the basis of the file. This prevents discussions about general positions from overshadowing the actual issue.
- Check the current problem analysis and capacity for work.
- Have the internal opportunities investigated in concrete, position-specific terms.
- Around the first-year evaluation, record with reasons whether the second track will start.
- Choose activities that match capacity for work and the labour market.
- Keep the first track active in parallel as long as internal opportunities exist.
- Evaluate at least periodically and demonstrably adjust course.
- In the event of a substantial dispute, request an expert opinion in good time.
- Check the complete reintegration report well before the WIA application.
Which illustrative situations show the importance of timing?
The following fictitious situations show which questions may play a role in the assessment. They do not describe client cases or results achieved by the firm. Above all, compare the facts and arrangements with your own file. A difference in capacity for work, tasks or available options may lead to a different assessment.
A production worker can no longer do their own job because of permanent physical limitations. After a labour expert’s investigation, the company has no structural light positions. Early external orientation is then the obvious course; waiting until week 52 adds little. An employee who is still in the middle of short-term treatment with a concrete recovery date may, on the other hand, temporarily have better prospects in the first track, provided that prospect is medically substantiated and quickly reassessed.
An employer does not act with due care by automatically ordering a standard programme on the first anniversary of the sickness report and then merely collecting monthly reports. Nor is it sufficient to state that the employee will probably return without a current analysis of hours, tasks and positions. The reasoning must fit this particular employee and this particular organisation.
A large employer can be expected to carry out a broader internal investigation than a small business. Positions in other departments or at other locations may be relevant. Also investigate reasonable adjustments at task level. The UWV mentions, as a last resort, creating a new position; what can reasonably be required depends on the specific organisation and employee.
How do you check the file before the WIA application?
Check whether every required document is present, signed and consistent in content. An action plan anticipating a full return does not, without explanation, fit with a later labour expert’s finding that there are no internal opportunities. Explain when and why the prospects changed.
The file must show activities and results: positions investigated, meetings held, applications, rejections, adjustments and responses to stagnation. General statements such as “the employee is cooperating well” or “the second track is under way” are insufficient if it is not clear what actually happened.
Discuss any gaps well before the WIA application. Sometimes missing actions can still be made up for or better documented. Do not backdate anything, but prepare a current supplement that states transparently which information was missing and which remedial action is being taken. Also check whether the employee and employer have received the same documents and whether differences of opinion are recorded in the file in a recognisable and businesslike manner.
Frequently asked questions
Many questions concern the meaning of arrangements and the options for responding. The answers below provide guidance for that choice. Always also assess the specific documents and circumstances. A general explanation cannot establish which outcome is legally achievable in an individual conflict.
Does the second track always start after one year?
The second track may already be necessary as soon as a return within your own organisation has no realistic prospect. The UWV time limits and exceptions are set out in the section on the start. Base the choice on up-to-date medical and occupational information. A fixed date without an assessment of the individual situation is insufficient.
May I refuse the second track?
You may not refuse reasonable reintegration activities without good reason. Discuss objections in specific terms and explain which assignment you believe does not match your capacity for work. Ask for an adjustment or clarification and keep cooperating with the parts that are feasible. An expert opinion can help where there is a genuine difference of opinion about suitability or efforts.
Does the first track have to stop?
The first track does not stop automatically when the second track begins. Opportunities within your own organisation must continue to be investigated. A new vacancy or a change in capacity for work may be a reason to reassess internal options. Record which opportunities have been considered and why they are or are not suitable for a lasting return to work.
Who pays for the programme?
The employer bears the costs of the reintegration that falls under its obligations. Discuss in advance which guidance will be used and who is commissioning it. Paying an agency does not make the employer any less responsible for progress. Check whether the programme genuinely matches your abilities and situation.
Am I dismissed if I go to work elsewhere?
Working for another organisation does not automatically terminate your existing employment contract. The form of the placement is decisive. Before signing, ask how wages, guidance and return are arranged and what happens if the placement ends. Have a proposal assessed if it could change your existing employment law or benefits position.
What happens if the employer’s efforts are insufficient?
If reintegration efforts are insufficient without good reason, the UWV can impose a wage sanction. As a result, the employer may have to continue paying wages for longer and continue working to remedy the shortcomings. This does not mean that every failed placement automatically leads to a sanction. What matters is the effort that could reasonably have been required.
Can subsidised legal aid limit the lawyer’s fees?
Subsidised legal aid (toevoeging) is provided through the Legal Aid Board (Raad voor Rechtsbijstand). A regular application is subject to an income and assets test and a personal contribution. The firm assesses for each case whether an application is possible. Discuss in advance which costs remain payable by you and whether legal expenses insurance provides cover.
For applications in 2026, the reference year is normally 2024. The applicable reduction of the personal contribution is applied automatically in suitable cases. You do not first need a referral from the Juridisch Loket (the Dutch Legal Services Counter). Source: Legal Aid Board, 2026 standards, consulted on 22 September 2026.
Need help with employment law?
Would you like to know which step suits your employment law question? Have the relevant arrangements, correspondence and proposals assessed together. This makes clear which information is missing and whether consultation, a written response or proceedings may be worthwhile. Discuss the purpose of the assessment and the costs in advance.
The first consultation is free of charge and confidential.
What can Arslan Advocaten do for you?
Arslan Advocaten in Rotterdam handles employment law matters. A legal assessment links the arrangements made to the correspondence and the specific consequences for your situation. Discuss what you want to achieve and which documents are available. The appropriate next step and its associated costs can then be determined.
Which sources were used?
- Dutch Civil Code, Article 7:658a
- Work and Income (Capacity for Work) Act (Wet WIA), Article 25
- UWV Werkwijzer Poortwachter
For questions about illness and changing work, employment law assistance, disagreeing with the company doctor and unilateral changes to terms of employment may also be relevant.
Written by Onur Arslan, attorney at Arslan Advocaten in Rotterdam since 2009. He handles employment disputes concerning dismissal, wages, settlement agreements and terms of employment, for both employees and employers.
Last substantively updated: 23 September 2026.
