Art. 2 Legal Status (Local Employees) Regulations 2020

1. The head of mission notifies the employees at the mission, the partners of staff members posted to the mission and, if relevant, the employees of other missions within the same district and the partners of staff members posted to these missions, of vacancies at the mission entailing an employment contract for an employee and gives them two weeks to submit an application. This two-week time limit may be reduced if, in the opinion of the head of mission, the vacancy must be filled urgently. 2. The announcement of the vacancy includes at a minimum details of the scope and content of the job, requirements as regards qualifications and experience, salary, any special employment conditions and the closing date for applications. The inclusion in the selection procedure of a medical or psychological examination, security screening or any other examination of candidates’ trustworthiness or suitability must also be mentioned. 3. The vacancy may be advertised outside the mission or missions referred to in paragraph 1 once it has been established that: no persons as referred to in paragraph 1 have applied within the time limit referred to in that paragraph; or the persons referred to in paragraph 1 who applied within the time limit referred to in that paragraph are unsuitable for the vacancy or have withdrawn their candidacy. 4. If an employee and the partner of a staff member posted to a mission are equally suitable, the employee is to be given priority. 5. Notwithstanding paragraphs 1 and 3, in special cases where haste is required and there is not expected to be a suitable candidate among the persons referred to in paragraph 1, the head of mission may simultaneously announce a vacancy internally at the mission or missions referred to in paragraph 1 and advertise it externally. If a person referred to in paragraph 1 and another applicant are equally suitable, the former is to be given priority, without prejudice to the provisions of paragraph 4. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. The employer may require a prospective employee to undergo a medical examination if, in the opinion of the employer, the duties of the job to which the employment contract relates necessitate that special requirements be imposed in terms of medical suitability, including protection of the health and safety of the prospective employee and of third parties in relation to the performance of the work concerned. 2. The costs of the medical examination are borne by the employer. The travel and subsistence expenses necessarily incurred by the prospective employee are reimbursed in accordance with chapter 4, part 5. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. A prospective employee may be required to undergo a psychological examination if the employer considers this desirable in view of the nature of the job to be performed. 2. The costs of the psychological examination are borne by the employer. The travel and subsistence expenses necessarily incurred by the prospective employee are reimbursed in accordance with chapter 4, part 5. 3. Paragraphs 1 and 2 apply mutatis mutandis to an employee who applies for another job at the mission or another mission. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. Except in the cases referred to in paragraphs 2 and 4, the employer may require a prospective employee to submit a certificate of conduct as referred to in the Justice System Data Act, or an equivalent certificate issued by the authorities of a country other than the Netherlands. 2. If a job other than a confidential position as referred to in section 1, subsection 1 (a) of the Security Screening Act places special demands on the person who performs it in terms of integrity or responsibility, and if a compelling general interest is served by so doing, the director of the Security, Crisis Management and Integrity Department at the Ministry of Foreign Affairs or a person designated by that director may request judicial data from the Minister of Justice and Security for the purpose of investigating the trustworthiness and suitability of the prospective employee for this job. The prospective employee may be employed in a job of this kind only if no objections to their employment emerge from the investigation. The privacy of the person involved must be adequately protected in the conduct of the investigation referred to in the previous sentence. 3. A person may be employed in a confidential position as referred to in section 1, subsection 1 (a) of the Security Screening Act only if a certificate as referred to in section 1, subsection 1 (b) of this Act has been issued in respect of the person concerned. 4. An investigation as referred to in paragraphs 2 or 3 may be conducted only if the employer is of the opinion that the person concerned is qualified and suitable for the job in question. 5. The costs of obtaining a certificate as referred to in paragraph 1 are borne by the employer. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. An employee is engaged for a fixed period or an open-ended period. 2. Upon engagement, a probationary period may be agreed in writing. 3. If a probationary period has been agreed, either party may terminate the employment contract with immediate effect until this period has elapsed. 4. The probationary period is the same for the employer and the employee and does not exceed two months. 5. Any clause under which the probationary period is not the same for both parties or exceeds two months and any clause under which a new probationary period is entered into that results in a combined probationary period of more than two months is null and void. 6. An employment contract may be entered into with the prospective employee only if that individual is permitted by the local authorities to reside in the country in question and perform the work for the mission. 7. The costs of obtaining a residence or work permit or comparable document are borne by the prospective employee, unless these costs must be wholly or partly borne by the employer in accordance with local regulations or local usage. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. The employment contract is entered into in writing in English, French or Spanish; if necessary a translation is added in a language of which the employee has an adequate command. In Belgium and Suriname it is also possible for the employment contract to be entered into in Dutch. The standard contracts provided by 3W must be used. 2. The employment contract must in any event state: the employee's surname, given names and date of birth; the starting date of employment; whether the employment contract is for a fixed or open-ended period; in the former case, the term of validity must be specified; the agreed probationary period, if any; the employee’s starting salary; any benefits granted to the employee in the form of board and lodging or other forms of payment in kind, and the associated deductions; the nature of the work the employee will normally be assigned to do; the provisions laid down in or pursuant to these Regulations which apply to the employment contract; that the employment contract is subject to local employment law. 3. The employment contract is subject to these Regulations and any regulations based on them as they read at the time the contract is entered into and as amended at a later date, and on any regulations replacing them. 4. Employees are informed in writing, if possible before employment starts, of the main aspects of their legal status, in a language of which they have an adequate command. De datum van inwerkingtreding ligt voor de datum van uitgifte. De datum van inwerkingtreding ligt voor de datum van uitgifte.

Start of employment

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