Labor matters

Coffee as a bonding agent in reintegration

Coffee breaks are a valuable tool for maintaining the bond with a sick employee and promoting reintegration — but your invitation must be reasonable. Case law shows that an unreasonable coffee break (wrong...

Published on September 5, 2023 by MKBjuristen.nl
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Coffee breaks are a valuable tool for maintaining the bond with a sick employee and promoting reintegration — but your invitation must be reasonable. Case law shows that an unreasonable coffee break (poor timing or without purpose) may be refused, whereas an employee who consistently refuses to cooperate may lose their job. Below, you can read how to make good use of coffee breaks.

What are coffee moments?

Coffee breaks are informal gatherings where a sick employee drops by to have coffee with the employer, managers, and colleagues—not to work, but purely for social contact. The idea is that this maintains the connection with the organization, making the step back to work easier. The company doctor determines whether an employee unable to work can participate.

The benefits for reintegration

  • the return threshold is being lowered;
  • the feeling of isolation during long-term illness is broken;
  • The atmosphere in the workplace improves and colleagues gain more understanding of the situation.

A reasonable proposal is crucial

Coffee breaks are not a casual affair, but your proposal must be reasonable. Case law offers three striking examples:

  • Wrong timing: an employee refused an invitation to come for coffee at 6:30 PM — late and outside working hours. The judge found this proposal unreasonable (ECLI:NL:RBROT:2023:3454).
  • Target missed: an employer demanded a weekly coffee break on a fixed day and time, even though there were no fixed coffee breaks at all in the company and colleagues were often not present. When the employee failed to show up, summary dismissal followed. The court overturned that dismissal, partly because the coffee break missed its purpose (ECLI:NL:GHAMS:2022:1176).
  • Employee uncooperative: a sick employee consistently refused coffee breaks and other appointments, and did not even appear before the company doctor or the court. In this case, the court ruled that dismissal without a transition payment was justified because the employee had neglected his reintegration obligations (ECLI:NL:RBNHO:2020:5485).

The lesson: an employee who, according to the company doctor, is able to participate must accept a reasonable proposal — but an unreasonable or pointless proposal may be refused.

Frequently Asked Questions

Am I allowed to require a sick employee to come in for coffee?

Only if the company doctor permits it and your proposal is reasonable in terms of timing and content. An employee who, according to the company doctor, is able to participate must accept a reasonable proposal.

When may an employee refuse a coffee break?

If the proposal is unreasonable, for example due to an unsuitable time (outside working hours) or because it misses the point (no colleagues present).

Can I dismiss an employee who does not cooperate with reintegration?

In the event of a systematic refusal to make reasonable agreements, this is possible, even without a transition payment, as case law shows. Do ensure you maintain a solid file and involve the company doctor.

Does the company doctor decide on participation?

Yes. The company doctor indicates whether an employee unable to work can participate in coffee breaks.

Questions about reintegration and coffee breaks?

Coffee breaks can strengthen reintegration, but the wrong approach is counterproductive. We advise you on a reasonable implementation as well as on the sanctions if an employee wrongfully refuses to cooperate.

Our illness and reintegration specialists are happy to help you. Schedule a no-obligation intake interview .

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

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A blog provides explanation, but your situation often requires a concrete legal choice. MKB Juristen helps entrepreneurs with contracts, terms and conditions, GDPR documents, employment documents, disputes, and customized legal solutions.

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