Naar hoofdinhoud

Artikel 6

Other rights and obligations

Onderdeel van Legal Status (Local Employees) Regulations 2020· Arbeidsrecht en sociaal-zekerheidsrecht

Deze tekst geldt sinds 1 januari 2023

1. Employees are obliged to perform the duties arising from their employment contract conscientiously and diligently and to conduct themselves in a manner befitting a good employee. Employees must at all times be conscious of the fact that they work at a representation of the Kingdom of the Netherlands abroad. 2. As soon as possible after employment starts, an official designated by the employer for that purpose administers to the employee the following oath or affirmation: I swear/promise allegiance to the King, the Constitution and the other laws of the State. I swear/affirm that I made no gift or promise to anyone in order to obtain my position, nor will I make any gift or promise to that end. I swear/affirm that I will accept no gift or promise from anyone in order to do or to omit to do anything in the course of my duties, and that I will conduct myself as befits a good employee, that I will carry out the instructions given to me and that I will not reveal matters which come to my knowledge in the course of my duties and which I know or should know are secret or confidential in nature to anyone other than persons to whom I am obliged to communicate them by law or by virtue of my official duties. So help me God Almighty! or This I affirm and promise. 3. If the employee does not have Dutch nationality, the first sentence of the oath or affirmation is omitted. 4. An employee swears the oath or makes the affirmation only if this is necessary, in the opinion of the employer, in view of the job to be performed. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. Employees who are unable to perform their duties on account of sickness or for other reasons must report this at the earliest possible opportunity and in the manner stated in the mission version. 2. If circumstances or changes occur which affect or may affect the rights and duties established by these Regulations or by the mission version, the employee must notify the employer accordingly in writing without delay, no later than seven days after the date on which the circumstance or change occurs. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. An employee who performs or intends to perform any outside work that could touch on interests of the service in so far as those interests relate to the employee’s performance of duties is obliged to notify the employer in a manner to be determined by the latter. 2. The employer keeps a record of the information referred to in paragraph 1. 3. An employee is forbidden to perform outside work as a result of which, in the opinion of the employer, the proper performance of the employee’s duties or the proper operation of the mission in so far as it relates to the employee’s performance of duties, cannot reasonably be ensured. 4. An employee is forbidden to take part, directly or indirectly, in tendering and contracting for public services, unless the consent of the employer has been obtained. The employer may issue instructions regarding tendering and contracts for other persons. De datum van inwerkingtreding ligt voor de datum van uitgifte. Employees acting in an official capacity are forbidden to demand, request or accept rewards, donations or promises from third parties, other than with the approval of the employer. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. An employee is required to wear official workclothes and insignia if this is prescribed by the employer and to do so in the prescribed manner. 2. Official workclothes are replaced by the employer once they exhibit wear and tear. 3. An employee is responsible for maintaining and cleaning official workclothes and bears the costs of this, unless such costs are fully or partly borne by the employer in accordance with local regulations or local usage. 4. Official workclothes remain the property of the employer. Employees must hand in their official workclothes to the employer when their employment contract ends or if the employer so requests. 5. An employee, when wearing official workclothes, is forbidden to wear badges or other insignia unless they have been provided or prescribed by the government of the Netherlands or unless the employer has given permission for them to be worn. De datum van inwerkingtreding ligt voor de datum van uitgifte. An employee is obliged to reside in or near to – and if necessary to move to – the place where the mission is located if this is deemed necessary by the employer to ensure the employee’s proper performance of duties. De datum van inwerkingtreding ligt voor de datum van uitgifte. The employer may require an employee temporarily to perform duties other than those the employee usually performs, provided that the employee can reasonably be instructed to perform such work. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. The head of mission draws on the assistance of one or more employees appointed by the head of mission as in-house emergency officers, for the purpose of taking effective measures to enable employees to move quickly to a place of safety or take other appropriate measures and for the purpose of minimising damage to health whenever a situation arises in which there is a direct threat to safety or health. 2. At a minimum, the following forms of assistance are provided: first aid; fire control, firefighting and accident prevention; raising the alarm in emergencies and evacuating all employees and other people at the mission. 3. An employee who is appointed as an in-house emergency officer is entitled to an emergency service allowance as referred to in article 4.7. De datum van inwerkingtreding ligt voor de datum van uitgifte. De datum van inwerkingtreding ligt voor de datum van uitgifte. The conditions that apply when a staff residence is made available to an employee, including the division of the maintenance costs and the manner in which availability of the residence is terminated, are specified in the mission version. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. After the death of the employee, the surviving family members may continue, during the month in which the employee died and for the following three months, to occupy the staff residence in which they lived with the employee. This period may be shortened if the employer considers it necessary in the interests of the service. In such a case the said family members will be given fair compensation. 2. If a charge was payable by the employee for the use of the staff residence, the surviving family members will pay 50% of this charge for the period during which they continue to occupy the staff residence. De datum van inwerkingtreding ligt voor de datum van uitgifte. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. Employees may be instructed to undergo training in the interests of the service, in so far as this can reasonably be required of them. 2. An employee who undergoes training pursuant to paragraph 1 is fully reimbursed for the necessary costs of training. 3. An employee who undergoes training pursuant to paragraph 1 may be granted paid training leave. 4. An employee who undergoes training pursuant to paragraph 1 is required to repay the amount reimbursed for training costs if, due to the employee’s own fault or actions, the employee achieves an unsatisfactory result or does not complete the training course. 5. If employment is terminated during training, the amount reimbursed for training costs may be reclaimed. If employment is terminated within two years after the successful completion of training, 1/24th of the amount reimbursed may be reclaimed for each month remaining before the end of the two-year period, unless: the termination of employment is not due to the employee’s fault or actions; the employee enters the service of another Dutch central government body within a month after the termination of employment; or after the termination of employment, the employee is entitled to benefit as referred to in chapter 9. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. Employees who take the initiative to undergo training may at their request be fully or partially reimbursed for the necessary costs of training or granted paid training leave, if training is the interests of the service. 2. Article 6.11, paragraphs 4 and 5 apply mutatis mutandis. De datum van inwerkingtreding ligt voor de datum van uitgifte. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. Within a month after the employee enters into employment or is assigned to a new job, or within a month after a new manager starts work, an introductory interview takes place between the employee and the manager. 2. In the introductory interview, clear agreements are made about the duties that the employee is expected to perform and the way in which the employee and the manager will work together. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. At least once a year, a staff interview takes place between the employee and the manager. 2. At a minimum, the following matters are discussed during the staff interview: the tasks performed and to be performed, knowledge, skills and competences to be developed, integrity, a safe and supportive working environment, diversity and inclusion, the employee’s potential and career, mobility and other working conditions. De datum van inwerkingtreding ligt voor de datum van uitgifte. If the employer considers it desirable or the employee so requests, the employee’s performance is assessed in conformity with the guidelines established by the employer. De datum van inwerkingtreding ligt voor de datum van uitgifte. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. If an alteration that would affect the legal status of five or more employees is to be made to the organisation of a mission, or if the mission is to be closed, the employer will draw up a plan of action covering the various stages of the reorganisation process. 2. The plan of action describes at a minimum: the nature of and reasons for the planned reorganisation; the current and planned organisational structure of the mission; the current and planned staffing level; an overview of the jobs to be eliminated, the jobs that will remain unchanged, the jobs that will be changed and the new jobs; the main impact of the planned reorganisation on policy, finance and staffing; the planned measures to limit the impact on staffing in so far as they deviate from part 6 of this chapter; anticipated elements of the reorganisation process worthy of special note; the planned times at which the employee participation body at the mission and the employees involved will receive updates. De datum van inwerkingtreding ligt voor de datum van uitgifte. The employer adopts the plan of action after the head of mission has consulted with the employee participation body at the mission. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. In this part, a job loser means: an employee with a fixed-term or open-ended employment contract: whose contract has been terminated by the employer as a result of the job ceasing to exist; or who has been notified orally or in writing by the employer that the contract is expected to be terminated as a result of the job ceasing to exist; an employee with a fixed-term employment contract who was hired before the announcement of the reorganisation which led to the job ceasing to exist and: whose contract was not renewed by the employer as a result of the job ceasing to exist; or who has been notified orally or in writing by the employer that the contract is not expected to be renewed as a result of the job ceasing to exist. A job loser who is informed by the employer that, on reflection, the employment contract will not be terminated as a result of the job ceasing to exist will no longer be considered a job loser from then on. 2. All allowances, contributions and other amounts provided for in this part are paid gross or net in accordance with the rules as they apply on the day of payment. 3. If, on the basis of local regulations or otherwise, any entitlement already exists on other grounds to a contribution, allowance or payment for the costs referred to in this part, only the amount by which the contribution, allowance or payment on the basis of this part exceeds the aforesaid entitlement is awarded. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. Wherever possible, the employer provides a job loser with support in finding a new job. 2. At the job loser’s request, the employer issues a letter of recommendation that describes the job loser’s job performance. 3. A job loser is granted up to five working days’ special paid leave for job interviews and activities relating to setting up a business. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. Notwithstanding article 2.1, the head of mission must first notify any vacancies entailing an employment contract solely to any job losers employed at the mission or at other missions in the same country. 2. A job loser who expresses interest within two weeks in a vacancy as referred to in paragraph 1 that: is equivalent or virtually equivalent to the job loser’s current job will be eligible for that job; or is not equivalent or virtually equivalent to the job loser’s current job will be eligible for that job if it is suitable for the job loser and the job loser satisfies the job requirements or will be able to do so within three months. This two-week period may be reduced to one week in special cases where haste is required and no suitable candidate is expected to be found among the job losers. 3. If more than one job loser expresses interest in a timely manner in a vacancy as referred to in paragraph 1 and satisfies the job requirements or will be able to do so within three months, the most suitable candidate will be selected. The employer may deviate from this rule in special cases. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. The employment contract of a job loser who is not employed in a different job is terminated with effect from the date on which the job ceases to exist, unless the employment contract is for a fixed term and automatically ends on that date. In special cases the employer may set a later date. 2. If a job loser is employed in another job for fewer hours than the job loser is currently employed to work, the employment contract is terminated in respect of the additional hours with effect from the date on which the job ceases to exist unless the employment contract is for a fixed term and automatically ends on that date. In special cases the employer may set a later date. 3. The termination of the employment contract can be postponed for, in principle, up to six months, if a job loser is given the opportunity to perform similar work at another mission or another unit of the employer in the Netherlands to which the tasks in question have been transferred, at the job loser’s own request and with the consent of the job loser’s head of mission and the head of mission of the other mission concerned or the director concerned. Such a request will be granted only if the local authorities in the country in question permit the job loser to live there and perform the work in question. The performance of the duties in question is deemed official travel within the meaning of articles 4.12 to 4.23. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. Notwithstanding article 8.3, paragraph 1, second sentence, if the employer terminates a job loser’s employment contract as a result of the job loser’s job ceasing to exist, the transition redundancy payment is a month’s salary for each year the employment contract or successive employment contracts have been in effect. 2. Notwithstanding article 8.3, paragraph 1 (b), a job loser who terminates their employment contract is awarded a transition redundancy payment amounting to half a month’s salary for each year the employment contract or successive employment contracts have been in effect. A job loser who partially terminates their employment contract is entitled to the transition redundancy payment for the number of hours for which the employment contract has been terminated. 3. If a job loser does not accept an offer of continued employment for a reduced number of hours or on a lower scale and the employment contract is subsequently terminated in full, the job loser will be compensated in accordance with paragraph 1. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. At the job loser’s request, the employer may grant a contribution towards the cost of an outplacement programme for help in finding a new job with a different employer. 2. Costs are reimbursed on submission of the contract with and the invoice from a professional job placement agency. 3. A job loser is eligible for this contribution if the outplacement programme begins no sooner than 12 months before the date with effect from which the employer has terminated the employment contract or expects to do so and no later than six months after the date on which the employment contract ends. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. Notwithstanding article 6.12, at the request of a job loser who undergoes training that increases the job loser’s chances of finding a new job with a different employer or of setting up a business, the employer may grant a contribution towards the training costs. 2. The contribution is paid on submission of an invoice from a recognised educational institution. 3. A job loser is eligible for this contribution if the training begins no sooner than 12 months before the date with effect from which the employer has terminated the employment contract or expects to do so and no later than six months after the date on which the employment contract ends. 4. Job losers who, due to their own fault or actions, achieve an unsatisfactory result or do not complete the training course are required to repay the contribution. Job losers who terminate their employment contract or do not complete the training course due to finding another job at the mission or elsewhere, as a result of which there is no longer any need to complete the training course, are not required to repay the contribution. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. At the request of a job loser who begins training as referred to in article 6.24 before the date on which the employment contract ends, the employer may grant paid training leave, until that date, of up to 20% of the job loser’s normal working hours. In special cases the employer may grant more leave. 2. If the employer considers that it is not in the interests of the service to grant leave as referred to in paragraph 1, the job loser is granted one hour’s gross pay for every hour of leave not granted for that reason, subject to a maximum of twice the full-time equivalent of the job loser’s gross monthly salary. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. At the request of a job loser who sets up a business, the employer may grant a contribution towards the costs of doing so. Requests must include a concise business plan and an estimate of the startup costs. 2. To be eligible for this contribution the job loser must begin setting up a business no sooner than 12 months before the date with effect from which the employer has terminated the employment contract or expects to do so and no later than six months after the date on which the employment contract ends. De datum van inwerkingtreding ligt voor de datum van uitgifte. The total sum of the contributions referred to in articles 6.23, 6.24 and 6.26 must not exceed four times the full-time equivalent of the job loser’s gross monthly salary. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. A job loser who, on account of accepting a new job or setting up a business, relocates within the country where the mission is based or to another country to avoid an increase of more than an hour in the daily commuting time is on request granted a contribution towards removal and refurbishment costs amounting to twice the full-time equivalent of the job loser’s gross monthly salary. 2. A job loser is eligible for this contribution if the job loser relocates no sooner than 12 months before the date with effect from which the employer has terminated the employment contract or expects to do so and no later than six months after the date on which the employment contract ends. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. A job loser whose employment contract has been or is expected to be terminated by the employer due to the job ceasing to exist and who relocates to another city in order to start a job at another unit of the employer is entitled to the allowances referred to in paragraphs 2 to 6. This eligibility lapses if the job loser has not moved to the vicinity of the other unit within six months after starting the new job. 2. A job loser receives an allowance for the cost of: having household effects packed, unpacked and transported over land or water in a 40-foot container by a removal firm designated by 3W. If a container of this kind is not used, the allowance relates to a maximum volume of 60 m3; insurance covering the household effects transported at the employer’s expense, up to a maximum value of € 2,500 per m3. 3. If a job loser starting work in a new job and any family members do not yet have a home in the vicinity of the location of the unit concerned, the job loser will be reimbursed for temporary housing costs incurred for three months, up to a maximum of 25% of the gross monthly salary for the new job. 4. For the removal: four days’ special paid leave is granted; the following costs incurred by the job loser, the job loser’s partner and any dependent children are reimbursed: the cost of travel by air or public transport, up to a maximum equal to the cost of an economy class airfare; the cost of travel using the job loser’s own vehicle at a rate of € 0.19 per kilometre, up to a maximum equal to the cost of travel in accordance with 10. 5. A job loser is granted a contribution towards the cost of refurbishing the new home in the vicinity of the location of the unit concerned amounting to 12% of the full-time equivalent of the job loser’s gross annual salary in the new job. 6. If the costs associated with relocation are demonstrably and substantially higher than the above-mentioned contributions and allowances, an interest-free prepayment of up to three times the full-time equivalent of the job loser’s gross monthly salary in the new job may be provided at the job loser’s request. This amount is to be repaid in 24 equal monthly instalments. 7. The exchange rate applicable at the time is used to calculate the allowances referred to in paragraphs 2 and 4 that are paid in currencies other than euros. 8. Article 6.28 does not apply for the purposes of this article. De datum van inwerkingtreding ligt voor de datum van uitgifte. An ex-employee whose employment contract has been terminated by the employer due to the job ceasing to exist is given the opportunity for up to one year after the date on which the employment contract ends to apply as an internal candidate for vacancies entailing an employment contract at the mission where the ex-employee worked or at another mission in the same country, in accordance with article 2.1. 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.

Rechtspraak bij dit artikel