Legal Status (Local Employees) Regulations 2020

1

The employer assigns one of the pay scales set out in annexe 1 to each job performed at a mission.

2

Each pay scale consists of 16 pay numbers.

3

An amount, known as the salary amount, is attached to each pay number.

4

Salary amounts must reliably reflect usual local salaries. When salary amounts are fixed, account is taken of the nature and level of the duties to be performed, length of service, experience, other employment conditions and other factors that are typically taken into consideration locally when salaries are fixed.

5

The salary amounts attached to the minimum and maximum pay number of each pay scale are fixed using the instruments devised for this purpose by HDPO.

6

The salary amounts attached to the pay numbers between the minimum and maximum amounts referred to in paragraph 5 are fixed by dividing the difference between the minimum and maximum equally among the 16 pay numbers in the relevant pay scale.

7

The salary amounts are fixed whenever HDPO believes that there is occasion to do so, but in principle once a year.

8

The salary amounts referred to in this article are included in the mission version.

1

If salary amounts are fixed in a currency other than the local currency, HDPO may, after consultation with the head of mission, adjust them with effect from the first day of the following month if HDPO believes that devaluations, revaluations or other developments are bringing about an undesirable change in the salary amounts compared with usual local salary levels.

2

If a situation as referred to in paragraph 1 arises, the mission version will be amended as soon as possible with retroactive effect from the day referred to in paragraph 1.

1

The pay scale applicable to an employee is the pay scale attached to the employee’s job in accordance with annexe 1.

2

The salary amount received by an employee is based on the applicable pay scale and pay number. At the start of employment, an employee is assigned the lowest pay number unless there are special circumstances which warrant a higher pay number. In the case of a part-time employment contract, the salary amount is reduced proportionately.

3

No more than once a year, an employee who has not yet reached the highest number in the applicable pay scale may be assigned the next highest pay number in that pay scale if the employer is of the opinion that the employee has performed well.

4

Notwithstanding paragraph 3, the employer may decide in special circumstances to assign an employee a higher pay number than the next highest in the applicable pay scale.

1

The employer may, after consultation with the head of mission, grant an employee an individual market-related allowance as a supplement to the salary amount, if circumstances in the local labour market are such that this is desirablegiven the specific job requirements.

2

A market-related allowance is granted for a period not exceeding three years. The employer may extend the allowance for a maximum of three years at a time, after consultation with the head of mission, if the employer believes that there are reasons for doing so.

1

An employee is granted allowances supplementing the salary amount if this is in keeping with local regulations or local usage.

2

Provision for the allowances referred to in paragraph 1 is included in the mission version, stating the amount and duration thereof and the conditions under which they are granted.

1

The employer may award an employee additional remuneration for exceptional dedication or excellent job performance. This may take the form of:

• a.

  a small gift;

• b.

  extra leave;

• c.

  a bonus not exceeding one month’s gross salary per calendar year;

• d.

  a higher pay number in the pay scale, if the employee has not yet reached the highest pay number in the applicable pay scale.

2

If it is in keeping with local regulations or local usage to do so, an employee will be awarded a long-service bonus. Provision for this long-service bonus is included in the mission version, stating the amount and duration thereof and the conditions under which it is awarded.

1

An employee designated as an in-house emergency officer as referred to in article 6.8 is entitled to an emergency service allowance immediately after the end of each calendar year if the employee has performed the emergency service duties to an adequate extent. This allowance is a percentage of the monthly salary for the highest pay number of pay scale 5 at the time of payment at the mission in question, namely:

• a.

  8% for a non-specialised in-house emergency officer;

• b.

  16% for a specialised in-house emergency officer who has acquired proficiency in first aid.

2

In addition to the allowance referred to in paragraph 1, an in-house emergency officer who has been put in charge of emergency service activities carried out by a group of in-house emergency officers receives an allowance of 10% of the monthly salary for the highest pay number of pay scale 5 at the time of payment at the mission in question immediately after the end of each calendar year in which the employee performed these duties.

3

An employee who performs the duties referred to in paragraphs 1 and 2 for a period of less than twelve months is granted a proportion of the applicable allowance.

4

An employee who performs duties as an in-house emergency officer at times outside the applicable working times arrangement receives overtime pay of 125% of the hourly pay for the highest pay number of pay scale 5. The applicable provisions on overtime in the mission version do not apply to such duties.

5

An employee who has served as an in-house emergency officer for a number of years is entitled to an anniversary bonus. This bonus is a percentage of the monthly salary for the highest pay number of pay scale 5 at the time of payment at the mission in question, namely:

• a.

  13% after five years;

• b.

  16% after ten years;

• c.

  19% after fifteen years and every five years thereafter.

1

Employees who, in the interests of the service and in accordance with the employer’s written instructions, are regularly or fairly regularly required to be on stand-by outside the working times fixed for them in order to perform work immediately upon being called up are granted an allowance for each hour that they are on stand-by.

2

The allowance paid for hours when the employee is on stand-by is a percentage of the hourly pay to which the employee is entitled and is calculated as follows:

• a.

  5% for weekday hours, and

• b.

  10% for hours at weekends or on public holidays,

on the understanding these percentages are calculated on no more than the hourly pay applicable to pay number 15 of pay scale 7.

3

Notwithstanding paragraphs 1 and 2, the employer may, after consultation with the employee, choose to compensate the employee by awarding the following amounts of leave: 1.5 hours’ leave for stand-by duty of 24 hours on a weekday and 2.5 hours’ leave for stand-by duty at the weekend or on a public holiday. Proportionate compensation is awarded for stand-by duty of less than 24 hours.

4

The leave referred to in paragraph 3 may be taken within six months of the date on which it is awarded by the employer. Leave that is not taken is forfeited after expiry of this period, unless the interests of the service prevented the employee from taking the leave, in which case the employee will receive payment in lieu of that leave.

1

An employee’s salary is fixed as a gross amount.

2

The contributions to be remitted by the employer that are payable by the employee pursuant to article 5.3, or the amounts to be withheld pursuant to article 5.5, paragraph 2 or article 5.6, paragraphs 1 and 2 (a) are in any event deducted from the gross salary.

1

If salary is not taxable under the Salaries Tax Act 1964, it is paid net. The net salary is calculated by deducting from the salary amount referred to in article 4.8, paragraph 1:

• a.

  the contributions or amounts referred to in article 4.8, paragraph 2; and

• b.

  the amount of tax owed locally by the employee on the salary; or

• c.

  the amount of tax that the employee would owe locally if the local tax authorities levied the tax payable locally on the employee’s salary without taking into account any personal deductions the employee or their family members would have been entitled to.

2

The tax owed on the salary locally is remitted by the employer to the local tax authorities.

3

If, following a recommendation by the head of mission or otherwise, HDPO concludes that local circumstances are such that the employee should be responsible for withholding and remitting tax owed locally on salary to the local tax authorities, this will be included in the mission version. In this event, employees are responsible for remitting tax owed locally on their salary to the local tax authorities and, notwithstanding paragraph 1, their salary is paid gross. If so requested by the head of mission or 3W, employees are required to show each year that they have remitted tax owed locally on their salary to the local tax authorities.

4

If an employee is responsible for remitting tax owed locally to the local tax authorities but fails to do so, 3W may decide, notwithstanding paragraph 3, to pay the employee’s salary net. In this event, the salaries tax owed locally by the employee, as referred to in paragraph 1, is deducted from the salary referred to in paragraph 3.

5

If salary is paid net on the basis of paragraph 4 but the employee remits tax to the local tax authorities and can show this, the employee will be reimbursed for the amount demonstrably remitted.

6

The head of mission or 3W may provide the competent local authorities with a statement of the salary earned by the employee, as well as of the tax remitted locally on the salary by the employer and other information relevant to the levying of tax.

1

If salary is taxable under the Salaries Tax Act 1964, it is paid net. This net salary is calculated by deducting from the salary amount referred to in article 4.8, paragraph 1:

• a.

  the contributions or amounts referred to in article 4.8, paragraph 2; and

• b.

  the amount of tax that the employee would owe locally if the local tax authorities levied the tax payable locally on the employee’s salary, without taking into account any personal deductions the employee or their family members would have been entitled to.

2

Salaries tax owed in the Netherlands is remitted directly to the Dutch tax authorities by the employer.

3

In calculating the amount of salaries tax owed in the Netherlands, the employer takes account of the general tax credit and employment tax credit prescribed in the Salaries Tax Act 1964 or comparable tax credits, by whatever name they are known.

4

If, at the written request of the employee, the employer has decided to disregard the credits referred to in paragraph 3 in the calculation referred to in that paragraph despite the employee being eligible for these credits, both the amount referred to in paragraph 1 and an additional amount, equal to the difference between the amount of salaries tax owed in the Netherlands and the lower amount of salaries tax that would have been owed if the employee had not requested that the credits referred to in the previous sentence be disregarded, will be deducted from the employee’s salary as referred to in article 4.8, paragraph 1.

5

If the employer has remitted too much salaries tax to the Dutch tax authorities, the employee is required to cooperate in claiming a refund of the excess tax from the Dutch tax authorities. If the employee fails to cooperate, an amount equal to the excess tax will be withheld from the employee’s salary.

1

If salary is taxable both locally and in the Netherlands, article 4.9 applies mutatis mutandis.

2

Salaries tax owed in the Netherlands is payable and remitted by the employer.

3

Paragraph 5 of article 4.10 applies mutatis mutandis.

1

Instructions to undertake an official trip or a trip for the purposes of training are issued by the employer.

2

The starting and ending points of an official trip are decided by the employer.

3

Reimbursements received from third parties of the costs referred to in this part are deducted from the reimbursements to which entitlement exists pursuant to this part.

4

Claims for the costs referred to in this part must be submitted in a manner prescribed by the employer.

5

An employee who fails to submit an expense claim within three months of the trip during which the expenses were incurred forfeits the right to reimbursement.

1

An employee undertaking an official trip or a trip for the purposes of training may, if necessary in the employer’s opinion, arrive at the destination up to 24 hours before the work or training begins in order to acclimatise.

2

If, in the event of an official trip or a trip for the purposes of training, alternative travel arrangements would lead to significant savings for the service, any additional days of travel this entails are deemed to be in the interests of the employer, provided that the employee agrees to any such extended period of travel and continues to perform their duties during the extended period of travel or takes leave in so far as the hours during the extended period of travel would otherwise have been working hours.

3

Should a situation as referred to in paragraph 1 or 2 arise, the additional accommodation and other subsistence costs will be reimbursed in accordance with this part.

4

It is permitted to extend official trips or trips for the purposes of training for private purposes, on condition that:

• a.

  the employee submits a request in writing and the employer approves it before departure;

• b.

  the extension is for a maximum of 72 hours;

• c.

  the extension is at the beginning or end of the trip; and

• d.

  any additional costs for travel and accommodation are borne by the employee and any savings accrue to the employer.

5

Official trips or trips for the purposes of training may not be extended for private purposes if the employee has been given permission to arrive at the destination earlier in accordance with paragraph 1.

1

Entitlements to compensation from a travel company on account of delays during official travel or travel for the purposes of training accrue to the employer. The employee must afford the employer the cooperation that can reasonably be expected of the employee in enforcing such claims.

2

Benefits gained from loyalty programmes arising directly from official travel or travel for the purposes of training accrue to the employer, unless the employee, in accordance with the employer's instructions, uses them for subsequent official travel.

1

Tickets and bookings for overnight accommodation for official travel or travel for the purposes of training must be requested by the employee or, with the prior written permission of the employer, respectively bought or made by the employee as soon as possible, but in any case no later than 21 calendar days before departure. If this is not possible, the employee must explain why in writing to the employer.

2

Tickets are issued or reimbursed for travel on a predetermined date. If special circumstances give cause to do so, the employer may permit the purchase or reimbursement of an undated ticket.

3

The employer can indicate to the employee which facility or facilities should be used for overnight stays.

1

The employer decides what modes of transport are to be used on official trips and trips for the purposes of training. The costs of travel by public transport, by boat or by air are reimbursed on submission of supporting documents.

2

The following travel costs are also reimbursed:

• a.

  the cost of transport between the station, port or airport of arrival and the final destination on the outward and return journeys;

• b.

  airport charges;

• c.

  porter costs; and

• d.

  supplements for special trains, costs of seat reservations and sleeper compartments in trains and extra baggage costs, if the interests of the service or the conditions of travel so warrant.

3

In the event of a lengthy official trip or trip for the purposes of training, the employer may give the employee permission to make one or more short visits home. Such a visit does not constitute an interruption of official travel.

4

Travel costs incurred for a visit home are reimbursed on submission of supporting documents, provided that and in so far as the journey is undertaken by public transport, by air or by boat in the lowest fare class, as agreed with the employer.

1

Official trips and trips for the purposes of training are to be undertaken by public transport if:

• a.

  this is possible;

• b.

  the journey time by public transport is no more than eight hours or the journey time by public transport is more than eight hours but less than one-and-a-half times the journey time by air; and

• c.

  the employer is of the opinion that travel by public transport would not be unreasonably arduous in the light of special local circumstances or the employee’s personal circumstances.

The journey time is calculated from the employee's place of work to the destination, including the journey to and from a station or airport and including waiting time (checking-in time).

2

The employee will be provided with a ticket. With the prior permission of the employer, employees may purchase tickets themselves and be reimbursed for the actual cost incurred up to the price of the ticket to which they are entitled on the basis of this article.

3

The employee is entitled to travel abroad by train at the employer’s expense in:

• a.

  first class or equivalent in the case of official travel;

• b.

  second class or equivalent in the case of travel for the purposes of training;

in so far as a ticket is available for that class.

4

The employer decides, in the light of local circumstances, whether an official trip or a trip for the purposes of training that cannot or, having regard to paragraph 1, need not be undertaken by public transport may be undertaken in an official vehicle, the employee’s own vehicle or by air.

5

An employee undertaking an official trip is entitled to travel by air in business class or equivalent at the employer’s expense if the total flying time is six hours or more and a ticket for the journey is available in that class.

6

An employee undertaking a trip for the purposes of training is entitled to travel by air in economy class or equivalent at the employer’s expense.

7

Notwithstanding paragraph 6, an employee undertaking a trip for the purposes of training with a total flight time of 21 hours or more is entitled to travel at the employer’s expense:

• a.

  in economy plus class or equivalent if a ticket for the journey is available in that class; or

• b.

  in economy class or equivalent with an optional one-night stopover during the journey. In the case of a one-night stopover, the employee will receive an allowance towards the costs of accommodation.

8

For the purposes of paragraphs 5 and 7, the total flying time of the longest flight will be taken into account.

9

With due regard for paragraphs 5, 6 and 7, the ticket provided to the employee, or the cost reimbursed, will be for a direct flight where available for the journey. If the flying time of a direct flight is more than six hours, the employer may, with due regard for paragraphs 5, 6 and 7, deviate from this if the cost of an indirect flight is at least € 350 less than that of a direct flight and the journey time is at most four hours longer than that of a direct flight.

10

The employer may allow an employee flying in economy class or equivalent to claim the cost of using a business lounge at an airport if there are special reasons for doing so and if the employee submits a reasoned request.

1

Subsistence costs are costs necessarily incurred by an employee for meals, accommodation and minor expenses during an official trip or a trip for the purposes of training.

2

Subsistence costs are reimbursed on the basis of the lists of rates for subsistence costs that apply to Dutch civil servants in:

• –

  appendix 7 List of rates for subsistence costs on official trips abroad (‘Tarieflijst verblijfkosten buitenlandse dienstreizen’) of the collective labour agreement for central government (CAO Rijk) for stays outside the Netherlands; and

• –

  part 10.2 Official trips in the Netherlands of the collective labour agreement for central government (CAO Rijk) for stays within the Netherlands.

3

The allowance for subsistence costs comprises:

• a.

  an hourly component: an allowance for minor expenses equal to 1.5% of the amount for other costs specified in the list of rates for each hour of travel;

• b.

  an accommodation component: reimbursement of the actual costs of accommodation up to the maximum amount per night specified in the list of rates. If no supporting document can be submitted to demonstrate that accommodation costs were incurred at an establishment intended for the purpose, an amount of € 11.34 will be reimbursed for each night’s accommodation up to a maximum of four nights per trip;

• c.

  a breakfast component: an allowance for breakfast equal to 12% of the amount for other costs specified in the list of rates for each period between 06.00 to 08.00 during the trip;

• d.

  a lunch component: an allowance for lunch equal to 20% of the amount for other costs specified in list of rates for each period between 12.00 and 14.00 during the trip;

• e.

  a dinner component: an allowance for dinner equal to 32% of the amount for other costs specified in the list of rates for each period between 18.00 and 21.00 during the official trip.

4

The meal allowances may only be claimed if costs were incurred for meals at an establishment intended for that purpose.

5

If a supporting document is submitted for the costs of accommodation and breakfast that does not show which part of the costs were for accommodation and which part for breakfast, the costs shown on the document will be reimbursed as long as they do not exceed the sum of the accommodation component and the breakfast component.

6

There is no entitlement to reimbursement of subsistence costs:

• a.

  for travel of less than four hours' duration;

• b.

  for the air travel portion of a journey, with the exception of costs necessarily and demonstrably incurred for meals on board;

• c.

  for a visit home as referred to in article 4.16, paragraph 3, with the exception of the parts of the journey that relate to travel between the places of temporary stay and permanent residence.

7

The employer may grant a lower allowance for subsistence costs than under the rules referred to in paragraph 3 if an employee undertakes frequent official trips and if the employer deems that this is warranted in view of the nature of the work or the travel conditions.

8

If an employee is away on an official trip lasting more than 60 days in order to perform temporary duties at or from a specific location, entitlement to reimbursement of subsistence costs relating to the employee’s temporary stay at or near this location will, in any event as of the 61st day of the trip or earlier if the employer considers this appropriate, consist of the following amounts:

• a.

  half of the allowances referred to in paragraph 3;

• b.

  reimbursement of actual accommodation costs, not exceeding the amount for the accommodation component referred to in paragraph 3.

9

If an employee can provide supporting documents demonstrating that due to special circumstances reimbursement under the rules referred to in paragraph 2 is insufficient to cover subsistence costs incurred during an official trip, the employer may allow the employee to claim some or all of the additional costs.

1

If during a trip an employee incurs costs for employer-provided overnight accommodation, these costs will be reimbursed. If the employer-provided accommodation is not used, there will be no entitlement to reimbursement of costs incurred for accommodation elsewhere.

2

Reimbursement cannot be claimed for the cost of meals if, during a trip, the employer has provided an opportunity to take meals either free of charge or for payment, unless the employee was unable to make use of this opportunity and can demonstrate this.

1

An employee who undertakes an official trip or a trip for the purposes of training lasting at least seven days, including days spent in transit, is eligible for reimbursement of the costs necessarily incurred to launder clothes the employee expects to wear again during the trip.

2

An extension of the period of travel for private purposes as referred to in article 4.13, paragraph 4 is not taken into account for the purposes of paragraph 1.

3

An employee who undertakes an official trip or a trip for the purposes of training is eligible for reimbursement of the costs of vaccination and medication prescribed by the occupational health service in so far as such costs are not reimbursed under health insurance or otherwise.

4

The costs incurred for work-related national and international telephone calls in connection with a trip will be reimbursed on submission of supporting documents.

1

If climatic conditions or other special circumstances in a country that will be visited in the course of an official trip or a trip for the purposes of training differ significantly from those in the country where the employee works, the employer may grant an allowance to the employee towards the demonstrably and, in the opinion of the employer, necessarily incurred costs of special clothing and equipment.

2

The allowance is equal to half of the costs necessarily incurred. The maximum allowance for each calendar year is € 453.78, consisting of € 226.89 for locations with a tropical climate and € 226.89 for locations with a polar climate.

1

If an employee demonstrably incurs necessary costs during an official trip or a trip for the purposes of training as a result of sickness or an accident, the employer can set an amount for the reimbursement of these costs.

2

If an employee demonstrably incurs necessary costs as a result of the loss, theft of or damage to luggage the employee needed to take on the official trip or trip for the purposes of training, the employer can set an amount for the reimbursement of these costs. The maximum amount reimbursed for the costs of the loss, theft of or damage to luggage is € 2,268.90 per trip.

1

If an employee carries out hospitality activities at the request of the employer and incurs costs in doing so, these costs will be fully or partially reimbursed in accordance with the applicable rules at the mission on the reimbursement of hospitality costs. These costs will be charged to the designated budget for hospitality activities at the mission in question.

2

An employee will receive reimbursement or a contribution not referred to in these Regulations if this is in keeping with local regulations or local usage.

3

Provision for reimbursements or contributions as referred to in paragraph 2 is included in the mission version, along with details on the amount and duration thereof and the conditions under which they are granted.

1

The employer may provide fair indemnification to an employee, except in the cases referred to in paragraph 2.

2

If an employee becomes permanently disabled or dies in the course of carrying out their duties at the mission or during an official trip, as a consequence of an occupational sickness or work-related accident as referred to in article 5.10, paragraph 3, the employer will, on request, award a one-off payment to the employee or, as the case may be, to the employee’s surviving partner or dependent children in accordance with paragraphs 3 to 7.

3

In the event of permanent disability the payment is not more than 3 times the gross salary amount applicable at the mission concerned to the maximum pay number of pay scale 7, multiplied by 12. In the event of death the payment is 1.5 times the gross salary amount applicable at the mission concerned to the maximum pay number of pay scale 7, multiplied by 12.

4

The payment is inclusive of any payments made under insurance policies taken out or reimbursed by the employer.

5

The payment is paid net and is grossed up for the purposes of the applicable local or Dutch tax law. Chapter 4, part 4 applies mutatis mutandis.

6

The amount of the payment to be awarded in the event of permanent disability depends on the degree of disability and is determined, subject to the above-mentioned maximum, in accordance with the criteria of the American Medical Association’s Guides to the Evaluation of Permanent Impairment (AMA Guides).

7

In the event of death, the payment referred to in paragraph 3 may be increased by the employer as it considers reasonable and fair if a life insurance policy taken out on the life of the employee does not pay out because the death is a consequence of an act of war or the like directly connected with the performance of duties for the employer. An act is deemed to be an act of war or the like if the event leading to the accident is normally uninsurable.

1

An employee’s financial entitlements under these Regulations are fixed and paid in the usual local currency unless these Regulations determine otherwise.

2

Notwithstanding paragraph 1, financial entitlements may be fixed or paid entirely or partly in a different currency if HDPO considers there are reasons for doing so.

3

If an entitlement is fixed in one currency and paid in another, it will be converted on the basis of the exchange rate for payments to third parties applied at the time of payment by the Director of the Financial and Economic Affairs Department of the Ministry of Foreign Affairs.

4

Payments under these Regulations are made in the country where the mission is located.

5

The salary amount referred to in article 4.3, paragraph 2 is paid monthly. The frequency and dates of other payments, such as allowances, are included in the mission version.

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.

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.

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.

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:

• a.

  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;

• b.

  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.

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.

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:

• a.

  if, in the employer’s opinion, there are good grounds for doubting that the employee is in a good state of health;

• b.

  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

• c.

  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.

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:

• a.

  if the employee takes out a health insurance policy locally, the employee will be granted a contribution towards the premium; or

• b.

  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.

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:

• a.

  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;

• b.

  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.

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.

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:

• a.

  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;

• b.

  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.

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.

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:

• a.

  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

• b.

  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.

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.

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.

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.

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.

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:

• a.

  first aid;

• b.

  fire control, firefighting and accident prevention;

• c.

  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.

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.

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:

• a.

  the termination of employment is not due to the employee’s fault or actions;

• b.

  the employee enters the service of another Dutch central government body within a month after the termination of employment; or

• c.

  after the termination of employment, the employee is entitled to benefit as referred to in chapter 9.

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.

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.

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.

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:

• a.

  the nature of and reasons for the planned reorganisation;

• b.

  the current and planned organisational structure of the mission;

• c.

  the current and planned staffing level;

• d.

  an overview of the jobs to be eliminated, the jobs that will remain unchanged, the jobs that will be changed and the new jobs;

• e.

  the main impact of the planned reorganisation on policy, finance and staffing;

• f.

  the planned measures to limit the impact on staffing in so far as they deviate from part 6 of this chapter;

• g.

  anticipated elements of the reorganisation process worthy of special note;

• h.

  the planned times at which the employee participation body at the mission and the employees involved will receive updates.

1

In this part, a job loser means:

• a.

  an employee with a fixed-term or open-ended employment contract:

  • 1°.

    whose contract has been terminated by the employer as a result of the job ceasing to exist; or

  • 2°.

    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;

• b.

  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:

  • 1°.

    whose contract was not renewed by the employer as a result of the job ceasing to exist; or

  • 2°.

    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.

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.

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:

• a.

  is equivalent or virtually equivalent to the job loser’s current job will be eligible for that job; or

• b.

  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.

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.

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.

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.

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.

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.

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.

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.

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:

• a.

  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;

• b.

  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:

• a.

  four days’ special paid leave is granted;

• b.

  the following costs incurred by the job loser, the job loser’s partner and any dependent children are reimbursed:

  • 1°.

    the cost of travel by air or public transport, up to a maximum equal to the cost of an economy class airfare;

  • 2°.

    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 1°.

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.

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.

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:

• a.

  if the employment contract has been in effect for less than five years on the day notice of termination is given: one month;

• b.

  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.

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.

  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;

• b.

  the employee has terminated the employment contract for a reason other than a seriously culpable act or omission by the employer;

• c.

  the employer has terminated the employment contract due to a seriously culpable act or omission by the employee;

• d.

  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

• e.

  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.

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:

• a.

  annul the termination within two months thereof by sending written notification to that effect to the employer; or

• b.

  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.

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.

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.

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.

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:

• a.

  if no reasons are given or the reason given is a pretext or false;

• b.

  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;

• c.

  if termination takes place solely because the employee refuses to perform assigned duties due to a serious conscientious objection;

• d.

  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.

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.

1

The following definitions apply for the purposes of this chapter:

• a.

  supplement: the amount consisting of the difference between:

  • 1°.

    the supplementation ceiling and

  • 2°.

    the amount of the provisions referred to in this chapter to which the employee is entitled on other grounds;

• b.

  supplementation ceiling: the maximum supplement which may be granted pursuant to article 9.4, paragraph 2, article 9.6, paragraph 1, article 9.7, paragraph 1 and article 9.8, paragraph 2;

• c.

  qualifying period for supplementation: the period during which an employee was entitled to receive salary from the employer, including the period during which the employee was entitled to an invalidity benefit supplement as referred to in article 9.8, with the exception of the period during which an insurance policy as referred to in article 9.3 was in effect. Part of a month will be rounded up to a full month. A proportionate part of the period during which the employee was entitled to salary on the basis of a contract for part-time employment will be counted. The period during which the employee was entitled to salary on the basis of an employment contract that started more than a month after the employee’s pension date will not be counted. The qualifying period for supplementation is 40 years at most, unless the mission version provides for an age of retirement of 66 or 67 years, in which case the qualifying period for supplementation is at most 41 or 42 years respectively;

• d.

  pension date: the first day following the day on which the employee or ex-employee reaches the age of retirement referred to in article 8.5;

• e.

  qualifying salary: the salary amount, calculated over a period of one year, belonging to the pay scale and the pay number which last applied to the employee, for which purpose the salary amount is taken to be that which applies to the pay scale and the pay number at the moment of payment, on the understanding that if the salary amount referred to above is less than the salary amount previously applicable, the latter is treated as the qualifying salary until the salary amount at the moment of payment is equal to or higher than the salary amount previously applicable. This amount is increased by the allowances referred to in chapter 4, part 2 (as at the moment of payment), calculated over a period of one year, in so far as such allowances were granted for an open-ended period or for a period of at least five consecutive years immediately preceding the termination of the employment contract. If on the date of payment of the supplement major changes have been made to the system of pay scales and pay numbers that most recently applied to the employee, 3W must reasonably and fairly reposition the employee’s most recent salary amount within the structure in use at that moment for the purposes of calculating the qualifying salary.

2

To determine the amount referred to in paragraph 1 (a) 2° of the provisions referred to in this chapter to which entitlement exists on other grounds, use will be made of the formulas adopted by the Secretary-General of the Ministry of Foreign Affairs if it is necessary to:

• a.

  convert a one-off payment into a periodic payment;

• b.

  convert a periodic payment into a periodic payment made at different intervals or into a one-off payment.

Where necessary, this calculation must take into account the average life expectancy in the relevant country or region according to the table in the most recent available version of the United Nations’ Demographic Yearbook. The calculation must also take account of the statutory interest rate for non-commercial transactions published by De Nederlandsche Bank N.V.

1

The employee, ex-employee or surviving dependant is obliged to provide the employer in good time with all the information that is necessary for the proper implementation of the provisions of this chapter. An employee, ex-employee or surviving dependant who does not do so forfeits all rights under this chapter and is liable for any damage sustained by the employer.

2

An ex-employee or surviving dependant is obliged to provide the employer with written proof of life in January of each year. If and for as long as the person referred to in the first sentence does not submit such proof, the employer may suspend payment of the supplement until such proof has been received.

3

Where an old age pension, surviving dependant’s benefit, invalidity benefit or supplement has not been fixed or has not been fixed correctly because the employee, ex-employee or surviving family member entitled to it has not fulfilled the relevant obligations or has not done so correctly or in good time, the employer is not liable.

4

If an employee, ex-employee or surviving dependant does not receive social security benefits due to that person’s failure to comply with a provision which under the applicable social security system was a requirement for receiving an old age pension, or a payment upon death, sickness or invalidity, then that person will not be entitled to a supplement under the provisions of this chapter.

5

If social security benefits are reduced or are granted later due to contravention of a provision as referred to in paragraph 4, the amount of benefits not granted will be deducted from the supplementation ceiling.

6

Paragraphs 4 and 5 do not apply if the employee, ex-employee or surviving dependant cannot reasonably be faulted for the contravention of the provision.

1

Where local regulations or local usage so require, the employer must locally take out insurance or make comparable provision to ensure the accrual of an old age pension and provide cover in the event of death. In that case the employer must deduct part or all of the premium from the employee’s salary in accordance with local regulations or local usage. The nature of the insurance or provision and the percentage of the premium withheld from the employee’s salary are specified in the mission version.

2

The employer takes out insurance locally for the employee that provides cover in the event of invalidity, if local regulations or local usage so require. In such a case the second and third sentences of paragraph 1 apply mutatis mutandis.

1

If during the period of the employment contract no insurance is in effect and no comparable provision is made to ensure the accrual of an old age pension, as referred to in article 9.3, paragraph 1 (i), the ex-employee will be entitled to supplementation of old age pension if the employment contract was in effect for at least seven years. The term ‘employment contract’ is deemed to include the following for the purposes of this article:

• a.

  before 1 January 2005: multiple employment contracts that succeeded one another at intervals of no more than 31 days;

• b.

  from 1 January 2005 onwards: multiple employment contracts that succeeded one another at intervals of no more than six months.

2

The supplementation ceiling for the supplement referred to in paragraph 1 is an amount equal to:

• a.

  for the period of the employment contract before 1 January 2005: 1.75% of the qualifying salary multiplied by the qualifying period for supplementation;

• b.

  for the period of the employment contract after 1 January 2005: 1.5% of the qualifying salary multiplied by the qualifying period for supplementation.

3

For the purposes of this article, the provisions referred to in article 9.1, paragraph 1 (a) (2°) are in any event deemed to be all the provisions under social insurance legislation to which the employee is entitled:

• a.

  unless the employee has paid for such provisions solely on a voluntary basis without any contribution from the employer;

• b.

  unless and in so far as the entitlement was accrued outside the period of the employment contract.

The provisions referred to in the first sentence are deemed to include a transition redundancy payment as referred to in article 8.3, paragraph 1, in so far as the employee received this payment on the grounds of local regulations or for another reason notwithstanding article 8.3, paragraph 1 (d) and (e) or paragraph 4.

4

The supplement referred to in paragraph 1 is granted to an ex-employee with effect from the pension date or, if a new employment contract is concluded immediately following the pension date, with effect from the date that the employment contract is terminated, but not if the ex-employee is under 60 years of age. Entitlement ends on the first day of the month following the month in which the ex-employee dies.

1

On the death of an employee or of an ex-employee who was receiving a supplement to invalidity benefits as referred to in article 9.8 or a supplement to old age pension as referred to in article 9.4, if no insurance providing cover in the event of death as referred to in article 9.3, paragraph 1 has been taken out, any surviving partner or any child who was the employee’s or ex-employee’s dependant at the time of the employee’s or ex-employee’s death will be entitled to a supplement to surviving dependants’ benefits. This entitlement lapses if the partner or dependent child is culpable for the death of the employee or ex-employee.

2

The total supplementation ceiling for entitlements under article 9.7, or 9.6 and 9.7 jointly, must not exceed the supplementation ceiling referred to in article 9.4, paragraph 2, which applied to the employee or would have applied to the employee on the pension date if the employment contract had continued without change. If necessary, the entitlements under article 9.7 will be reduced proportionately.

3

Only a partner who has been married to, in a registered partnership with or cohabiting, as referred to in article 1.1 (g), with an employee for at least one year on the last day of the employee’s employment contract is entitled to a supplement under this part.

4

If the employee or ex-employee’s marriage, registered partnership or cohabitation agreement, as referred to in paragraph 3, ends other than as a result of the death of the employee or ex-employee, the partner will cease to have any entitlement under this part.

1

The supplement to surviving dependants’ benefits for the partner referred to in article 9.5, paragraph 1 equals 70% of the supplementation ceiling referred to in article 9.4, paragraph 2, on the understanding that in such a case the calculation is based on the qualifying period for supplementation which would have applied for the employee or ex-employee on the pension date if the employment contract had continued until that date.

2

If the partner was more than 10 years younger than the employee or ex-employee, the supplement for the surviving partner is reduced by 2.5% for each entire year that the age difference exceeded 10 years. This reduction does not apply if, on the date of death of the employee or ex-employee, the surviving partner had been the partner of the employee or ex-employee for at least five years.

3

For the purposes of this article, the provisions referred to in article 9.1, paragraph 1 (a) 2° are deemed to include at least:

• a.

  surviving dependants’ benefits to which entitlement exists under the applicable social security system;

• b.

  other surviving dependants’ benefits to which the employer has contributed in any way.

4

The supplement referred to in paragraph 1 is granted to the surviving dependant with effect from the first day of the month following the month in which the employee or ex-employee died. The provision of the supplement ends:

• a.

  on the first day of the month following the month in which the period during which the supplement was paid is equal to the period of employment, but no sooner than five years after the death of the employee or ex-employee. The second sentence of article 9.4, paragraph 1 applies mutatis mutandis;

• b.

  on the first day of the month following the month in which the surviving dependant dies;

• c.

  on the first day of the month following the month in which the surviving dependant enters into a new marriage, registered partnership or cohabitation agreement with a partner as referred to in article 1.1 (g).

1

Without prejudice to article 9.5, paragraph 2, the supplementation ceiling that applies to the supplement to surviving dependants’ benefits for dependent children, as referred to in article 9.5, paragraph 1, equals 14% of the supplementation ceiling referred to in article 9.4, paragraph 2. If there is no partner on the date of the employee’s or ex-employee’s death, the percentage referred to in the previous sentence is 28%.

2

For the purposes of this article, the provisions referred to in article 9.1, paragraph 1 (a) 2° are deemed to include at least:

• a.

  orphans’ benefits to which entitlement exists under the applicable social security system;

• b.

  other orphans’ benefits to which the employer has contributed in any way.

3

The supplement referred to in paragraph 1 is granted to a child as referred to in that paragraph with effect from the first day of the month following the month in which the employee or ex-employee dies. The provision of the supplement ends:

• a.

  on the first day of the month following the month in which the child reaches the age of eighteen years;

• b.

  on the first day of the month following the month in which the child dies.

1

If an employee’s employment contract is terminated due to sickness and the employee is not covered at that time by invalidity insurance as referred to in article 9.3, paragraph 2 and, subsequent to the termination of employment, is unfit to perform any other suitable employment, the employee is entitled to supplementation of invalidity benefits.

2

The supplementation ceiling for the supplement referred to in paragraph 1 equals the qualifying salary, multiplied by the percentage of the salary received by the employee under article 5.11, paragraph 2 immediately before the termination of employment, but at most by:

• a.

  70% if the termination of employment referred to in paragraph 1 took place before 1 January 2005;

• b.

  60% if the termination of employment referred to in paragraph 1 took place on or after 1 January 2005.

3

For the purposes of this article, the provisions referred to in article 9.1, paragraph 1 (a) 2° are deemed to include at least:

• a.

  all provisions to which the employee is entitled by virtue of the termination of the employment contract, including in any event those under the applicable social security system;

• b.

  other invalidity benefits to which the employer has contributed in any way; and

• c.

  any income from or in connection with employment or a business to which the employee is entitled.

4

The supplement referred to in paragraph 1 is granted to the ex-employee with effect from the day after the termination of employment as referred to in paragraph 1. The provision of the supplement ends on the date on which:

• a.

  the ex-employee is deemed capable of performing other suitable employment;

• b.

  the ex-employee’s employment contract would otherwise have ended due to the employee reaching retirement age;

• c.

  the ex-employee dies; or

• d.

  the supplement has been paid for a period equal to the period of employment, subject to a minimum period of five years. The second sentence of article 9.4, paragraph 1 applies mutatis mutandis.

5

Paragraph 4 (d) does not apply if the invalidity is, in the opinion of the employer, largely due to the nature of the duties which the employee was instructed to perform or to the special circumstances in which they had to be performed and is not attributable to the employee’s fault or actions.

6

For the purposes of this article, employment is suitable if:

• a.

  in the opinion of the employer, given the ex-employee’s health and other circumstances, the latter can reasonably be expected to try to obtain that position of employment and, if given the opportunity, accept it; and

• b.

  the salary associated with that employment is equal to or greater than the supplement referred to in paragraph 1.

1

An ex-employee who receives a supplement to invalidity benefits is medically examined by the occupational health service once every two years to determine whether that ex-employee is still unfit to work. The employer may decide to have the ex-employee medically examined, as referred to in the previous sentence, more or less often than once every two years.

2

The employer may instruct an ex-employee receiving a supplement to invalidity benefits to submit to a medical examination if at that moment, in the employer’s opinion, there are good grounds for doubting that the ex-employee is still unfit to work.

3

During any period in which the ex-employee does not cooperate with regard to the medical examination referred to in paragraphs 1 and 2, no entitlement to a supplement exists, unless the ex-employee cannot reasonably be faulted for failing to cooperate.

4

The costs of the medical examination referred to in paragraphs 1 and 2 are borne by the employer. The travel expenses incurred by the ex-employee in connection with this article are reimbursed in accordance with chapter 4, part 5, on the understanding that, if the ex-employee has moved since the first day of the condition leading to the termination of employment to a different place than where the mission is located, the amount paid out will not be any higher than it would have been if the ex-employee had not moved.

1

Articles 4.8 to 4.11 and 4.28 apply mutatis mutandis to fixing and paying supplements. 3W may, in individual cases, deviate from article 4.28, paragraph 5.

2

A supplement to be paid periodically, as referred to in article 9.4, paragraph 1, article 9.6, paragraph 1, article 9.7, paragraph 1, and article 9.8, paragraph 1 is set by the employer as a fixed amount which will remain unchanged for a period not exceeding 12 months. Early adjustment of that amount is possible if the employer believes that this is necessary due to special circumstances.

3

The supplement is paid monthly by the employer to the person entitled. If special circumstances necessitate this, the employer may modify the intervals at which the supplement is paid, where necessary in accordance with article 9.1, paragraph 2.

4

Notwithstanding paragraph 3, the employer may fix and pay a supplement as a one-off payment upon or after the termination of the employment contract at the written request of an employee or an ex-employee who may or may not already be receiving a supplement referred to in chapter 9. The employee’s or ex-employee’s request for commutation must be honoured unless the employer is of the opinion that this is contrary to compelling interests of the service.

5

The amount of the one-off payment is calculated using the formulas established by HDPO for this purpose, which in any event take account of the following:

• –

  the supplementation ceiling applicable to the person concerned;

• –

  the provisions referred to in this chapter to which the person concerned is entitled on other grounds and which are deducted from the supplementation ceiling;

• –

  the age of the person concerned;

• –

  the civil status of the person concerned;

• –

  the pension date referred to in the mission version;

• –

  a table showing the average life expectancy for the relevant country or region.

6

Paragraph 4 may be applied mutatis mutandis by the employer to an employee or ex-employee who is not yet receiving a supplement and whose employment contract or successive employment contracts has/have lasted for 15 years or less, if the mission where the person concerned is or was most recently employed has been closed or is scheduled to close within six months and no employees are or will be employed in that country after the closure.

7

Notwithstanding article 9.1, paragraph 1 (e), the qualifying salary for an employee or ex-employee to whom neither paragraph 4 nor paragraph 6 applies is determined as follows. From 1 January of the year following that in which pay scales were last fixed for the closed mission, the salary amount referred to in article 9.1, paragraph 1 (e) is to be adjusted by the employer in each case by reference to the rate of inflation in the country where the mission was located, subject to a maximum of 15%. If the inflation rate exceeds 15% HDPO may decide to fix the adjustment level at more than 15%. The inflation rate is based on data from the Economist Intelligence Unit (EIU).

8

If special costs are incurred as a result of the payment of a supplement, these may be deducted from the supplement.