Exit mediation: parting ways properly as employer and employee
Sometimes it is no longer possible to continue together. The working relationship has stalled, or employer and employee have different expectations about the future. Exit mediation then helps you part ways by mutual agreement, in a way both parties respect. In this article you can read what exit mediation is, what it can mean in long-term sickness and which pitfalls to avoid.
Why exit mediation?
In exit mediation, an employment mediator guides employer and employee towards a joint arrangement that does justice to both parties. This may concern, for example, a severance payment, the end date or (partial) release from duties.
The process is confidential and focused on cooperation. That prevents escalation and saves a lot of time and money. It is also a humane approach, which matters when emotions run high.
Exit mediation in long-term sickness
If an employee has been sick for a long time and a return to work no longer seems possible, both parties may decide to part ways. That is complicated because of the Dutch rules on continued salary payment and return-to-work obligations.
A mediator helps find a solution that fits within the legal framework. The agreements on ending the employment, including the financial arrangement, are recorded in a settlement agreement. It is important that the agreements comply with the Dutch Gatekeeper Improvement Act (Wet verbetering poortwachter) and that the employee is given room to seek independent advice.
Pitfalls
- Insufficient preparation. Coming to the table unprepared risks ambiguity and unrealistic expectations.
- A mediator without experience in employment matters. Choose a mediator who knows the legal and emotional sides of employment conflicts and dismissal.
- Agreements that do not hold up legally. Prevent ambiguity afterwards. The mediator makes sure the agreements are recorded clearly and completely.
The benefits
Exit mediation gives both parties the chance to say goodbye respectfully and fairly. A conflict cannot always be resolved, but it helps if everyone can close the chapter for themselves and move on with a clean slate, without frustration or a legal battle.
Is there another way?
An exit sometimes seems inevitable, but it is not the only option. It is often more valuable to work on restoring the relationship first. Experience shows that more is often possible than expected. In a tight labour market, reliable employees and the knowledge they have built up are hard to replace. An employment mediator helps reduce tension and lay the foundation for better cooperation. In the long run, that can deliver more than parting ways.
What next?
Whether it concerns an employment conflict, long-term sickness or another reason: with good preparation and guidance, exit mediation becomes a solution both parties can move on with. Also read a conflict with your employer during sick leave or more about employment mediation.
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