Art. 8 Legal Status (Local Employees) Regulations 2020 — End of an employment contract

1. If the employment contract is entered into for a fixed term, it will end automatically when this period expires. Prior notice of termination is not necessary in this case. 2. If, in the absence of an objection from either party, the employment contract is renewed after the expiry of the period referred to in paragraph 1, it will be deemed to have been entered into once again under the same conditions that previously applied and for the same period subject to a maximum of one year on each renewal. 3. Notwithstanding the provisions of paragraph 1, a fixed-term contract may also be ended prematurely in accordance with article 8.2. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. An employment contract entered into for an open-ended period may be terminated by notice. 2. The employee must give at least one month’s notice. 3. The employer must give the following period of notice: if the employment contract has been in effect for less than five years on the day notice of termination is given: one month; if the employment contract has been in effect for five years or more on the day notice of termination is given: two months. 4. For the purposes of paragraph 3, the duration of the employment contract is calculated on the basis of the period to which one or more employment contracts with the employer relate, to the extent that the contracts were entered into for duties at one and the same mission and the intervals between contracts do not exceed 31 days. 5. Before terminating an employment contract by notice without the consent of the employee, the employer must seek the advice of 3W. 6. In these Regulations the termination of an employment contract by a court or other body at the request of the employer or the employee is equated with the termination of an employment contract by the employer or the employee. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. An employee whose employment contract ends is entitled to a one-off redundancy payment as compensation for the disadvantageous consequences of termination of employment, the transition redundancy payment, unless: a fixed-term employment contract has automatically expired, and the employee has rejected an offer from the employer for a successive employment contract subject to the same, comparable or better employment conditions; the employee has terminated the employment contract for a reason other than a seriously culpable act or omission by the employer; the employer has terminated the employment contract due to a seriously culpable act or omission by the employee; the employment contract has automatically expired or been terminated by the employer or the employee, and the employee is subsequently entitled to supplementation of old age pension as referred to in article 9.4 or payments made under an insurance policy taken out by or on behalf of the employer or a similar provision made by or on behalf of the employer to ensure the accrual of an old age pension as referred to in article 9.3, paragraph 1; or the employment contract has been terminated after the period referred to in article 8.4, paragraph 1 because the employee is partly or wholly unfit to perform their duties due to sickness. The transition redundancy payment amounts to half a month’s salary for each year the employment contract or successive employment contracts have been in effect. 2. Without prejudice to paragraph 1, an employee whose employment contract ends is entitled to a one-off redundancy payment to make provision for their old age pension, the old age pension redundancy payment. The old age pension redundancy payment amounts to half a month’s salary for each year the employment contract or successive employment contracts have been in effect without an insurance policy or comparable provision to ensure the accrual of old age pension as referred to in article 9.3, paragraph 1 having been taken out or made and without entitlement to supplementation of old age pension as referred to in article 9.4, paragraph 1 having been accrued. 3. The transition redundancy payments and old age pension redundancy payment referred to in paragraphs 1 and 2 are determined proportionately for part of a year of service. Article 8.2, paragraph 4 applies mutatis mutandis to the calculation of the duration of the employment contract. An employee whose employment contract partially ends is entitled to the payments referred to in paragraphs 1 and 2 for the number of hours for which the employment contract has ended. 4. The number of monthly salaries to which the transition redundancy payment referred to in paragraph 1 amounts must not exceed the number of full calendar months between the date of termination and the pension date as referred to in article 9.1, paragraph 1 (d). 5. If a transition redundancy payment or an old age pension redundancy payment as referred to in paragraph 1 or 2 has already been made for a part of the duration of the employment contract or successive employment contracts, this period will not count towards the payment referred to in paragraph 1 or 2. 6. For the purposes of this article and notwithstanding article 1.1 (m), monthly salary means: the monthly salary referred to in article 1.1 (m) as paid on average over the 12-month period immediately preceding the date on which employment ends. For the purposes of this article any general retroactive adjustment of salary amounts and related amounts decided on or after the date of termination is disregarded. 7. Articles 4.8 to 4.11 apply mutatis mutandis to fixing and paying the transition redundancy payments and old age pension redundancy payments referred to in paragraphs 1 and 2. 8. If local regulations require that, notwithstanding paragraph 1, a one-off redundancy payment be made, this redundancy payment will be converted into a monthly amount after disbursement, using the formula referred to in article 9.1, paragraph 2. This monthly amount will be deducted from the monthly supplement referred to in chapter 9. 9. If for reasons other than compliance with local regulation, and notwithstanding paragraph 1, a one-off redundancy payment is made in the case of termination of employment, the employee who chooses to receive this redundancy payment forfeits the right to supplementation as referred to in chapter 9. De datum van inwerkingtreding ligt voor de datum van uitgifte. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. The employer may not, during a period specified in the mission version, terminate an employment contract with an employee who is partly or wholly unfit to perform their duties due to sickness, unless the termination is unrelated to the sickness and its consequences. The period referred to in the previous sentence is determined in accordance with local regulations or local usage. The employer bears the burden of proving that termination of an employment contract is unrelated to the employee’s sickness and its consequences. 2. An employment contract may not be terminated due to sickness unless the sickness has been diagnosed by means of a medical examination by or on behalf of the occupational health service. 3. For the purpose of determining the date on which an employment contract may be terminated in accordance with the provisions of paragraph 1, periods of partial or total unfitness for work due to sickness that are separated by intervals of less than 31 days are added together. 4. If the employer terminates an employment contract contrary to the provisions of paragraph 1, the employee may: annul the termination within two months thereof by sending written notification to that effect to the employer; or invoke article 8.9. 5. Paragraph 1 does not apply to termination during the probationary period. 6. Any claim in connection with annulment as referred to in paragraph 4 (a) is subject to a limitation period of six months following the date on which termination took effect. De datum van inwerkingtreding ligt voor de datum van uitgifte. The employment contract ends on the first day following the day on which the employee reaches the age of retirement specified in the mission version. The age of retirement is set in accordance with local usage, but subject to a minimum age of 60 years and a maximum age of 67 years. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. The death of the employee ends the employment contract. From the day after the death of the employee, no further salary is paid. 2. On the death of an employee, the surviving partner will as soon as possible be paid a lump sum equal to the monthly salary referred to in article 8.3, paragraph 6. In the absence of a surviving partner, the lump sum will be paid to the dependent children of the deceased. 3. If the deceased has no surviving partner or dependent children, the lump sum referred to in paragraph 2 may be used in whole or part to cover the costs of the employee’s final illness and funeral expenses, if the estate of the deceased is insufficient for these purposes. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. If an employee is missing and, considering all the circumstances, it can be regarded as certain that the employee is dead, the employee will be deemed to have died on a date to be determined by the employer. In such a case article 8.6 applies mutatis mutandis. 2. Article 8.6, paragraph 2 does not apply if there is good reason to believe that the employee is absent without leave. De datum van inwerkingtreding ligt voor de datum van uitgifte. 1. Either the employer or the employee may terminate the employment contract with immediate effect for a compelling reason, while at the same time notifying the other party of the reason. 2. Any party that terminates the employment contract with immediate effect without a compelling reason, or without at the same time notifying the other party of the compelling reason, is required to pay damages. 3. The damages referred to in paragraph 2 are equal in amount to the salary fixed in monetary terms for the period for which the employment contract would have remained in effect if the provisions regarding termination had been respected. 4. For the purposes of paragraph 1, compelling reasons are circumstances that make it impossible reasonably to require that the employment contract remain in effect. Compelling reasons are deemed to be present if, for example, one of the parties shows flagrant disregard for the terms of the employment contract. 5. Any claim pursuant to this article is subject to a limitation period of six months following 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. 1. If the employer’s termination of the employment contract is manifestly unreasonable, regardless of whether the applicable provisions have been complied with, the employer is obliged to pay the employee fair compensation. 2. Termination of the employment contract by the employer will be deemed manifestly unreasonable in, for example, the following circumstances: if no reasons are given or the reason given is a pretext or false; if, taking into account the redundancy provisions made for the employee and the opportunities for the employee to find other suitable work, the consequences of termination for the employee outweigh the employer’s interest in termination; if termination takes place solely because the employee refuses to perform assigned duties due to a serious conscientious objection; if termination is contrary to article 5.15 or article 8.4. 3. Paragraph 1 does not apply to termination during the probationary period, or to lawful termination for a compelling reason or due to serious dereliction of duty. 4. Any claim pursuant to this article is subject to a limitation period of six months following 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. 1. An employee who so requests must be given an employer’s declaration on termination of the employment contract. The employer’s declaration states the nature of the work performed and the duration of the employment contract. 2. At the express request of the employee, the employer’s declaration will also state how the employee performed the duties assigned and how the employment contract was ended. 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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