The job search requirement; what exactly is it?

We have all heard of it: the legal obligation to apply for a job if you receive unemployment benefits. Four job applications must be made every four weeks. An average of one job application per week, where the principle applies: "the more, the better...

But does this also apply when an employee is home sick and still under the responsibility of the employer? This means that he or she does not receive any unemployment benefit. Does this employee then also have an obligation to apply for a job?

In this situation, there is no provision in the law that clearly defines to what extent or frequency job search activities must be performed. But this does not mean that there is no description whatsoever of what can be expected of an employee during absenteeism... By means of a (legally obligatory) 2nd track track, an employer can indeed oblige an employee to actively work on increasing his or her chances on the labor market. At other companies, that is. The Arnhem-Leeuwarden Court of Appeal, for example, recently ruled that an employer, within the framework of 2nd track, can expect an employee to come to the office four times a week, for two hours a day, to perform job application activities.

If the employer is self-insured, the employee who receives a decision from the UWV in response to the WIA application made, is accountable to the employer, regarding the obligation to apply for a job. The Central Appeals Council ruled in 2016 that in this case the employer should expect the employee to register with the UWV work company as well as that the employee applies for a job at least twice a week. The employer should also expect to receive a copy of the letters of application sent every week as proof of the application made. In this case, too, the obligation that an employer may impose goes far beyond the obligation that the UWV may impose with a legal basis while receiving unemployment benefits.

In short, an employee may well be required to apply for a job and the application activities may be more intense if he or she is still under the responsibility of the employer; and thus not receiving unemployment benefits.

Strange?

But isn't it a little strange for someone who has fallen into absenteeism due to illness to go into such an intensive and mandatory job search process?

As far as Puls is concerned, no. An employee still under the responsibility of an employer often has a smaller distance to the labor market than someone who is unemployed: he or she may still be working hours at his or her employer and is still involved in the labor process. By actively applying for jobs at this stage, the chances of finding a new, suitable position are many times higher.

Does this apply to everyone then?

Does this heavier obligation then apply to everyone who has fallen into absenteeism due to illness but is still employed by the employer? No, this does not apply to everyone. Of course, it is first determined whether someone is fit for work or unfit for work, despite the disability. A company doctor or other medical professional can assess whether the employee can be expected to carry out job application activities and to perform certain work. In the event that the company doctor considers an employee unable to do this, job application activities are also much less meaningful at that time. The obligation to apply for a job then applies to a much lesser extent, if at all.

Support from Puls with job application requirements?

Could you and your employee use some support in the application process? Then Puls will gladly help you on your way with our job application assistance. We offer this support within our 2nd track programs. Together with your employee we will work on providing insight into his or her qualities. Our consultants also provide support in drafting a good cover letter and CV.

Would you like to learn more about the application requirement or what we can do for you and your employee in this process? If so, please contact us.