Art. 5 Legal Status (Local Employees) Regulations 2020 — Social provisions, occupational health support, sickness and pregnancy

The obligatory and standard social provisions that are applicable are laid down in the mission version. De datum van inwerkingtreding ligt voor de datum van uitgifte. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. If the participation of the employee in the local social security system is compulsory or if participation is possible and HDPO considers it advisable, 3W must arrange for the registration of the employee with the local authorities. 2. The employee will arrange for registration as referred to in paragraph 1 instead of the employer if this is in keeping with local regulations or local usage. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. The contributions owed under the local social security system are paid by the employee or the employer in accordance with local regulations or local usage. 2. The contributions owed are remitted by 3W to the local authorities concerned, unless it is in keeping with local regulations or local usage for the employee to do so, in which case the employee remits them. De datum van inwerkingtreding ligt voor de datum van uitgifte. De datum van inwerkingtreding ligt voor de datum van uitgifte. If the Dutch social security system is applicable to an employee, 3W arranges for the registration of the employee with the relevant authorities in the Netherlands. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. The employer’s and employee’s contributions and national insurance contributions that are payable are remitted by 3W to the relevant authorities in the Netherlands. 2. The amount that the employee would pay in social insurance contributions if the local social security system were applicable is withheld from the employee’s salary. 3. The amounts referred to in paragraph 2 are fixed on the start date of employment and fixed anew every year on 1 January. De datum van inwerkingtreding ligt voor de datum van uitgifte. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. If the employee is unable to participate in either the local or the Dutch social security system, the amount that the employee would have to pay in social insurance contributions if the local social security system applied is withheld from the employee’s salary. 2. If the situation referred to in paragraph 1 occurs, the mission version may provide that: notwithstanding paragraph 1, none or only part of the amount that the employee would have to pay in social insurance contributions if the local social security system applied is to be withheld from the employee’s salary; all or part of the amount which the employer would pay in social insurance contributions if the local social security system applied to the employee is to be paid to the employee. The mission version also stipulates to what extent the employee and any surviving dependants may still claim old age pension, surviving dependants and invalidity provisions under chapter 9. De datum van inwerkingtreding ligt voor de datum van uitgifte. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. The head of mission is responsible for the occupational health support provided to employees. The head of mission is assisted by the occupational health service in providing such support. 2. The head of mission, after consulting with the employee participation body at the mission, designates an occupational health service and then notifies the employees accordingly. 3. Employees, either individually or collectively, may be given instructions by or on behalf of the occupational health service on how to maintain, restore and improve their own fitness to work. Employees are required to follow such instructions, with the exception of instructions to undergo an invasive medical procedure. 4. The head of mission may pay a contribution towards the cost of buying computer glasses if an eye examination shows that the employee needs computer glasses to perform their duties. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. An employee may consult the occupational health service directly about work-related health problems. An employee may also request the employer to arrange for an examination by or on behalf of the occupational health service. The cost of the consultation and examination are borne by the employer. 2. The employer may instruct an employee to submit to a medical examination by the occupational health service: if, in the employer’s opinion, there are good grounds for doubting that the employee is in a good state of health; if the employee has proved to be no longer fully fit to perform their duties and it is necessary to ascertain whether this is due to medical factors and, if so, whether the employee may be deemed fit to perform a different job; or to ascertain whether a situation exists as referred to in article 5.12 (a), (b), (c), (d), 2° or 3°. The employee is required to cooperate with such a medical examination. 3. The employer may suspend any employee whose physical or mental condition is determined, by means of an examination as referred to in paragraphs 1 or 2, to be such that the continued performance of duties by the employee is not in the interests of the employee, of the service or of third parties involved in the performance of those duties. De datum van inwerkingtreding ligt voor de datum van uitgifte. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. If HDPO is of the opinion that the applicable social security system provides insufficient cover, or none at all, for necessary medical expenses in the country in which the mission is located, and: if the employee takes out a health insurance policy locally, the employee will be granted a contribution towards the premium; or if the employer takes out a health insurance policy locally, the premium will be deducted from the employee’s salary, with the exception of a contribution towards medical expenses to be granted to the employee, in accordance with local regulations and local usage. The amount of the contribution towards medical expenses and any further conditions are laid down in the mission version. 2. The health insurance policy referred to in paragraph 1 is a policy that provides cover solely for medical expenses incurred in the country where the mission is located and possibly also for medical expenses incurred in another country where the amount reimbursed is not higher than if the medical expenses had been incurred in the country where the mission is located. The insurance referred to in the previous sentence is chosen on the basis of what is most economical for Dutch central government, while at the same time making reasonable allowance for the employee’s interest in having adequate insurance and for local conditions and local usage. 3. Medical expenses for which reimbursement is not received pursuant to paragraph 1 are not eligible for reimbursement by the employer. 4. If HDPO is of the opinion that the applicable social security system provides insufficient cover, or none at all, for necessary medical expenses in the country in which the mission is located, and that there is no reasonable possibility of taking out an insurance policy as referred to in paragraph 1, the employee will be granted a contribution towards medical expenses necessarily incurred in the country in which the mission is located, in accordance with local regulations and local usage, if the employee is not entitled to reimbursement of these costs on other grounds. If such a situation arises, further conditions and rules concerning this matter will be included in the mission version. The mission version can provide that a contribution in respect of medical expenses will be deducted from the employee’s salary. 5. An employee is entitled to a contribution in accordance with paragraphs 1 or 4 for family members if the family member’s income from employment or a business in the calendar year in question does not exceed the employee’s salary. 6. An employee must submit a request for a contribution pursuant to paragraph 4 within six months of the end of the calendar year to which the request relates. If the employee fails to do so, the right to a contribution will be forfeited. 7. The head of mission may determine that an employee is to receive an advance on the contribution referred to in paragraph 4. 8. A part-time employee is entitled to a proportionate part of the contribution payable under paragraphs 1, 4 and 5 to a full-time employee. 9. The head of mission may permit the employee, following the end of the employment contract, to continue participating at the employee’s own expense in the health insurance policy taken out by the employer, provided that the insurer allows this. The previous sentence applies mutatis mutandis to the members of the employee’s family. The head of mission may set conditions for such participation. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. If the sickness that has caused an employee to be unfit to work has arisen from a work-related accident or an occupational sickness, the employer will reimburse all medical expenses that the employee continues to bear that the employer considers to have been necessarily incurred in the country in which the mission is located. 2. If a work-related accident takes place during an official trip outside the country of the mission where the employee works, the employer will also reimburse medical expenses necessarily incurred outside the country in which the mission is located. 3. The following definitions apply for the purposes of this article: occupational sickness: a sickness that is largely due to the nature of the duties that an employee is instructed to perform or to the special circumstances in which they must be performed and that is not significantly attributable to the employee’s fault or carelessness; work-related accident: an accident that is largely due to the nature of the duties that an employee is instructed to perform or to the special circumstances in which they must be performed and that is not significantly attributable to the employee’s fault or carelessness. De datum van inwerkingtreding ligt voor de datum van uitgifte. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. Employees who are not fit to perform their duties due to sickness receive their full salary or a percentage of their salary, in accordance with local regulations or local usage, for a given period, with effect from the first day on which they are unfit to perform their duties. 2. The mission version specifies whether sick employees receive their full salary or a percentage of their salary and for how long. 3. If an employee does not work the same number of hours each week, the salary for the purpose of paragraph 1 is considered to be the average salary the employee earned over the thirteen calendar weeks immediately before becoming unfit to work due to sickness. 4. For the purpose of determining the period referred to in paragraph 1, periods of unfitness for work due to sickness will be added together if they succeed one another at intervals of less than 31 days. 5. Employees who during their sickness are able to perform their duties in part or to perform other available and suitable duties wholly or in part receive their full salary for the number of hours that they perform or offer to perform those duties. 6. The provisions to which an employee is entitled due to sickness pursuant to the applicable social security system are deducted from the entitlement referred to in paragraph 1. De datum van inwerkingtreding ligt voor de datum van uitgifte. No entitlement to salary as referred to in article 5.11 exists: if the sickness has been feigned or has in any event been exaggerated to such an extent that unfitness for work due to sickness cannot be presumed; if the employee has caused the unfitness for work due to sickness intentionally or through gross negligence, unless the employee cannot be held responsible for this owing to the mental state of the employee; if the unfitness for work due to sickness occurs within six months of the medical examination referred to in article 2.2 and it also transpires that the employee provided incorrect information about their state of health or concealed information as a result of which the declaration of fitness to perform the duties of the relevant job was wrongly issued, unless the employee can show that they acted in good faith; during a period that the employee: refuses to submit to a medical examination by or on behalf of the occupational health service or, after being given notice of such an examination, fails to attend without a valid reason; fails without a valid reason to undergo, or to continue to undergo, medical treatment or fails to obey the instructions given by the treating physician, other than instructions to undergo an invasive medical procedure; acts in a way that hinders or delays recovery; works either for themselves or for third parties during the period of unfitness to work due to sickness, unless the occupational health service considers this to be desirable in the interests of recovery; fails to return to work and resume their duties at the time and to the extent determined by the occupational health service, unless the employee has given a reason recognised as valid by this service or the employer; refuses, without good grounds, to accept an offer of work which is suitable and which the occupational health service believes the employee is capable of performing. De datum van inwerkingtreding ligt voor de datum van uitgifte. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. Female employees are entitled to paid pregnancy and maternity leave in connection with giving birth. 2. The applicable social security provisions to which the employee is entitled due to her pregnancy and maternity leave are deducted from the entitlement referred to in paragraph 1. 3. If an employee does not work the same number of hours each week, her salary for the purpose of paragraph 1 will be considered to be the average salary she earned over the thirteen calendar weeks immediately preceeding the day on which pregnancy leave starts. 4. The employee must notify the employer of: the date as of which she intends to take pregnancy leave no later than four weeks in advance; this notification must be accompanied by a certificate from a doctor or a midwife indicating the expected date of the birth; the birth no later than seven days after it takes place. 5. The duration of pregnancy and maternity leave, which is at least 16 weeks in total, and the periods in which such leave may be taken are determined with reference to local regulations and local usage and are included in the mission version. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. An employee who is breastfeeding and has notified the employer of this will, until her child is nine months old, be given the opportunity to interrupt her work to breastfeed her child or to express breast milk for a maximum of one hour per day. The maximum duration of the interruptions for an employee with a part-time employment contract is a proportionate part of the maximum applicable to an employee with a full-time employment contract. 2. The employee concerned determines the timing and duration of the interruptions referred to in paragraph 1 after consulting with the employer. 3. The interruptions referred to in paragraph 1 are treated as work time for which the employee retains her entitlement to salary. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. The employer may not terminate an employment contract of an employee during pregnancy, during pregnancy and maternity leave or during a period of six weeks after the employee has returned to work following such leave, unless such termination is unrelated to her pregnancy, to the birth of her child, to the consequences thereof or to her breastfeeding the child. The employer bears the burden of proving that the termination of an employment contract is not related to the employee’s pregnancy, to the birth of her child, to the consequences thereof or to her breastfeeding the child. 2. If the employer terminates an employment contract contrary to paragraph 1 the employee may: annul the termination of her employment contract within two months of termination by sending written notification to this effect to the head of mission; or invoke article 8.9. 3. Any claim in connection with an annulment as referred to in paragraph 2 (a) is subject to a limitation period of six months from the date on which termination took effect. De datum van inwerkingtreding ligt voor de datum van uitgifte. De datum van inwerkingtreding ligt voor de datum van uitgifte. De datum van inwerkingtreding ligt voor de datum van uitgifte.

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