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Absenteeism, lost income, therapy — the costs of burnout can quickly add up. Over the past 10 years, the number of people suffering from burnout has increased significantly. Who picks up the bill? Niels van der Neut tackles the complex but increasingly relevant question: who should be liable for the costs of burnout?
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'I now refer to research into burnout as a hobby', says Van der Neut. 'In recent years, we have seen a sharp increase in burnout, particularly among people aged between 25 and 35. But research is lagging behind. I want to find out if the legal framework is still in line with today’s reality and whether the costs are distributed fairly.'

What does burnout cost?

'In the Netherlands, stress accounted for 9.8 million days of absence in 2022. This cost employers around 3.2 billion euros. That figure doesn’t even include the expenses borne by the employee. Think, for example, of lost income, therapy sessions with a psychiatrist, or the cost of taking a holiday to recover.'

How can you determine who is liable for burnout?

'That is very difficult from a legal point of view. Burnout is often caused by a combination of work and private life. In the Netherlands, it is considered an occupational disease. But why should the employer be held responsible if the stress stems from someone’s home life? Employers are liable in the Netherlands if the damage occurs during work. But, in the case of stress, that’s hard to prove.'

Copyright: Gemeente Amsterdam
The number of burnouts has increased significantly since the boundary between work and private life has become blurred

'There are certain rules surrounding work-related stress. Employers are obliged to take every possible measure to prevent stress under their health and safety policy. If employers fail to do so, they could be held liable for burnout. The same applies to legislation on working hours. On the other hand, if the employer has fulfilled their duties, the employee may have to bear the costs themselves.'

Is the employer or the employee currently paying too much?

'I really don't know the answer to that yet. That's what makes research so interesting. You delve into something you find interesting and don't yet have the answer. It can vary from situation to situation.'

Who is most likely to suffer from burnout?

'We see the biggest increase among people between 25 and 35. These relatively inexperienced employees want to prove themselves in the workplace, buy a house or become parents for the first time. It's a toxic combination of stress factors. In fact, over the past 10 years, the number of burnouts has increased in all age groups, up to the age of 55.'

Why are there more and more burnouts?

'We know that technology plays a significant role in this rise. For example, when an app or email comes in, we feel we must respond as quickly as possible. It's problematic when an employer fails to clarify that you don't have to reply to an email immediately if it arrives in the evening. Expectation management makes a big difference. For example, clearly stating that responding within 48 hours on working days is fast enough. The number of burnouts has increased significantly since we started working from home, and the boundary between work and private life has become blurred.'

CV

Assistant professor Niels van der Neut is receiving a grant from the Amsterdam University Fund (AUF) to explore the legal issues surrounding burnout. He is developing an Amsterdam Law Clinic on burnout with the help of Professor Agnes Akkerman and the Amsterdam Law Hub. Students from vocational, higher professional education and university education are working together in the clinic. Once the course has been completed, he intends to publish an academic article on burnout.'

Should we follow France's example and ban sending work emails after 6 p.m.?

At this point, I would say no. I find that overly controlling, and it comes at the expense of our autonomy, which gives us energy. If someone wants to finish work early to go to the gym and then open their laptop again in the evening, that should be possible. Being able to work independently of time is very important to people. But I would welcome it if organizations established clear guidelines on when you do and don't have to respond.'

What is already being done to curb work-related stress?

'Working hours already exist, as well as national obligations for employers regarding health and safety regulations. In addition, the European Commission said in 2022 that everyone should have the option of being offline in a digital environment. This is called “the right to disconnect”. That remains an interesting phenomenon. In the past, rules were made to regulate working hours, and now we are working on rules for free time. That's actually quite strange. Are we in such a bad state that this is necessary? I feel the same way about the rules to close the gender pay gap. It's good that something is being done about it, but you should be ashamed that it's even necessary. We should also be embarrassed that we need to regulate our free time, because apparently that is necessary.'

Copyright: Morguefile.com free stock photos
We should be embarrassed that we need to regulate our free time

What is the work pressure like at the UvA?

'There are a lot of burnouts in the academic world. I'm not specifically including that in this study. However, we can expect the UvA, as an employer, to take a clear stance on this issue. Especially with the budget cuts, which are causing people to leave. The work then has to be divided among fewer employees. There may be less time for research, but will the publication standard also be lowered? In our department, Labour Law, workload is a regular topic of discussion. Do you do a lot of work outside working hours? Does that bother you? I think this should be a standard topic in annual reviews, and, of course, outside of annual reviews as well. It must become and remain a fixed part of the process.'