Frequently asked questions about a second track programme
If you’re dealing with track 2, it will often be the first time. We can imagine that you have a lot of questions. Here we have listed frequently asked questions for you.
What is a reintegration second track programme trajectory?
This is a process in which an employee, who has dropped out due to illness or disability, receives guidance to find suitable work at another organization. This process must meet certain requirements, such as drawing up a personal profile and search profile and applying for suitable work.
What is the purpose of a second track programme trajectory?
The purpose of a second track programme trajectory is to prevent influx into the WIA (Work and Income according to Labour Capacity Act) as much as possible. A track 2 trajectory stems from the Gatekeeper Improvement Act and indicates what the employee and the employer must comply with when an employee is no longer able to do his or her own work due to illness or disability.
How does a second track programme trajectory work at Dynamisch Bureau?
An introduction will take place, after which a quotation will be made for a ‘basic track’ second track programme, possibly supplemented with additional coaching modules. After approval of the quotation, we can also estimate what modules can be used in addition to the basic process based on the available information.
A person profile is created and a search profile is created. The search profile must be in line with ‘suitable work’ and match the interests, talents and motivations of the employee as much as possible. All this is included in the Plan of Action. After that, the application process starts.
What is suitable work?
Appropriate work is a broad concept. It is defined as: ‘All work which is calculated for the strengths and abilities of the worker, unless acceptance cannot be required of him for reasons of a physical, mental or social nature’.
Is external guidance mandatory?
No. This is not laid down as an obligation in the laws and regulations. However, an employer is obliged to offer the employee guidance. Usually, this is outsourced to external parties.
Does an employee have to follow a second track programme trajectory?
If the company doctor, or the Occupational Health Expert, decides that a second track programme route must be followed, an employee will have to cooperate. Even when an employee has already started to reintegrate into his own work.
When does a second track programme route start?
A second track programme starts no later than 6 weeks after the 1st year evaluation. Unless it is expected that there will be a structural resumption of work in track 1 within three months.
Can a second track programme trajectory start earlier than after one year of illness?
Yes, you can. This is the case when it is already clear that returning to one’s own work will no longer be possible.
What is the difference between first track and second track ?
The first track is searched within the organisation and the second track outside the organisation. The latter is also often the reason why an employer outsources a track 2 process to external parties.
Can the employer stop searching within the organisation once second track programme has started?
No, you can’t. Even when the second track porgramme has started, the search for a suitable position within the organization must continue. In larger organizations, there are generally more options than in a small organization.
Does the employee have to apply for everything?
No. The employee must apply for suitable employment. This may concern work that is below the level of the employee, but is suitable for the load capacity. The applications must be aimed at the search profile, which is in line with suitable employment.
It is expected that the employee will reintegrate into his or her own work, so why a second track programme trajectory?
If it is not yet certain that the reintegration into one’s own work will be complete and sustainable, a second track programme process will often be started. This is to prevent the employee from dropping out again later or that the reintegration will not be sustainable. Track 2 then runs in tandem with the reintegration into one’s own work.
The employee has been working the full number of hours again, should the employee be reported better?
In order to be fully better reported, the employee must resume his or her own duties to the full extent. Sometimes this is not yet the case. If this is the case, a sustainability test can be applied. This usually lasts between four weeks and three months. This should provide sufficient clarity as to whether an employee can resume his or her work to the full extent. This sustainability test may last for a maximum of three months.
Can I do a training course during my second track programme trajectory?
That’s allowed. This must be an education that leads to the shortest route to work. As a rule, this concerns a training course of up to six months.
Can the employee be dismissed (part-time) during the first two years of absence?
No, you can’t. No part-time dismissal either. This is stipulated in Article 7:670a(1) of the Dutch Civil Code. This is only allowed if the exceptions are met.
If other work is found during the second track programme, can dismissal be granted? And does the WIA application expire?
Even then, no dismissal may be granted. In that case, a secondment agreement is often used until the end of the waiting period. Whether a WIA application is appropriate depends on what the employee is going to do and what he earns from it. When the employee starts earning at the same level and roughly the same salary, this is unlikely to be the case. Usually, employees still lose income and even if this is a maximum of 35%, it may still be useful to apply for a WIA assessment. If this is granted and the employee drops out again later, there is already a WIA registration without a benefit having been granted at that time.
What is a wage penalty?
A wage sanction can be imposed on the employer by the UWV if the employer concludes during the WIA assessment that not enough has been done to find other suitable work. This opinion can concern the employer’s own employer if the employer has not done enough or, for example, started the second track programme too late, but also the deployment of the employee and any reintegration agency. Whether or not to grant a wage sanction will be assessed on the basis of the reintegration report that must be submitted with the WIA application.
What is the RIV test?
This is the assessment of the reintegration report by the insurance doctor and the employment expert of the UWV. The guideline for this is the ‘Gatekeeper Work Guide’, which was last revised in May 2020.
Would you like to know more about our guidance with the second track programme reintegration?