Legal Status (Local Employees) Regulations 2020

Geldend van 01-01-2020 t/m heden

Legal Status (Local Employees) Regulations 2020

Chapter 1. General provisions

Article 1.1. Definitions

The following definitions are used in these Regulations:

  • a. mission: a diplomatic representation, a consular representation or a permanent representation to an international organisation of the Kingdom of the Netherlands abroad;

  • b. head of mission: the head of a mission;

  • c. HDPO: the director of the Human Resources Department of the Ministry of Foreign Affairs;

  • d. employer: the State of the Netherlands;

  • e. employee: a person employed at a mission on an employment contract subject to local regulations;

  • f. family members: an employee’s partner and dependent children;

  • g. partner:

    • 1°. a spouse;

    • 2°. a registered partner; or

    • 3°. a partner with whom an unmarried employee cohabits and runs a joint household, with a view to long-term cohabitation, on the basis of a cohabitation agreement executed by a civil-law notary stating the mutual rights and obligations of the cohabitees in respect of their cohabitation and joint household. Only one person may be deemed to be an employee’s partner at any given time. A person deemed to be an employee’s partner only loses this status on the day this person ceases to be a partner within the meaning of this point of this article;

  • h. dependent children: the children of an employee or an employee’s partner, including adopted children and stepchildren, who are under 18 and for whom the employee bears full financial responsibility or more than half of the financial responsibility;

  • i. mission version: a document laying out detailed regulations, based on these Regulations, specifically for the country in which a mission is located;

  • j. occupational health service: the medical officer or health service designated by the head of mission to assist the head of mission in the provision of occupational health support to employees;

  • k. job: the various duties to be performed by an employee by virtue of and in accordance with the instructions given to the employee by the employer;

  • l. salary: the salary amount referred to in chapter 4, part 1, plus the allowances referred to in part 2 of that chapter;

  • m. monthly salary: the salary amount referred to in chapter 4, part 1 relating to a period of one month, plus the allowances referred to in part 2 of that chapter relating to a period of one month, in so far as these allowances have been awarded for an open-ended period or for a period of at least five consecutive years immediately preceding the end of the employment contract;

  • n. local: in the place where the mission is located;

  • o. local regulation: a peremptory provision of employment law in force locally that is applicable to the employee;

  • p. local usage: what is standard practice locally at the foreign representations of the United States, the United Kingdom, Germany, Canada and the European Union. If there are fewer than three of the aforementioned foreign representations in the place where the mission is located, HDPO will designate one or more other foreign representations established locally, after consultation with the head of mission;

  • q. in-house emergency officer: an employee working at the mission who has been designated by the head of mission to perform the emergency service activities referred to in article 6.8 in addition to their normal duties;

  • r. 3W: the director of 3W WorldWide Working (3W WereldWijd Werken) at the Ministry of Foreign Affairs.

Article 1.2. Powers

  • 1 The ministers grant power of attorney and authorisation to perform juristic acts and to perform acts that constitute neither a decision nor a juristic act under private law to the Secretary-General and Deputy Secretary-General of the Ministry of Foreign Affairs, HDPO and 3W, in relation to all local employees, and to heads of mission, in relation to local employees working at their mission, pursuant to these Regulations, the regulations based on them, such as the mission versions, and any further instructions.

  • 2 The ministers also authorise the officials referred to in paragraph 1 to record in the competence table that is part of the Ministry of Foreign Affairs’ administrative organisation which officials accountable to them are jointly competent to exercise the power of attorney and authorisation.

Article 1.3. Applicable law and regulations

  • 1 Employment contracts and any disputes arising from them are subject to local employment law and – in so far as the following do not conflict with peremptory provisions of that employment law – to these Regulations and the mission version and other regulations adopted pursuant to these Regulations.

  • 2 Provisions contained in or adopted pursuant to these Regulations which conflict with local usage may be declared wholly or partially inapplicable in the mission version.

Article 1.4. Equal treatment

  • 1 The employer may not make a distinction between employees on the grounds of religion, beliefs, political convictions, race, sex, nationality, sexual orientation, civil status, a difference in working hours, or any other grounds whatsoever, unless such a distinction is objectively justified.

  • 2 Any claim under this article is subject to a limitation period of six months.

Article 1.5. Mission version

  • 1 3W draws up a mission version for the mission or missions in the district served by an embassy, together with the heads of mission of the embassy and any other missions in the district.

  • 2 The mission version contains employment conditions and related provisions such that, in combination with the applicable employment conditions and provisions under these Regulations, it constitutes a total package of employment conditions and related provisions in accordance with local usage.

  • 3 The head of mission at an embassy may, after consultation with the heads of mission of any other missions in the embassy’s district, propose an amendment to the mission version to 3W, whenever circumstances warrant this. 3W can also, after consultation with the head or heads of mission involved, take the initiative to prepare an amendment to the mission version.

  • 4 The mission version and any amendments to the mission version are adopted by HDPO. HDPO only adopts the mission version or amendment once the employee participation body at the mission or missions has been given the opportunity by the head or heads of mission concerned to give an advisory opinion. If HDPO deviates from the advisory opinion given by the employee participation body, HDPO must, via the head or heads of mission, notify the employee participation body of this in writing and give sound reasons for doing so.

Article 1.6. Disputes committee and courts

  • 1 The Ministry of Foreign Affairs has an independent disputes committee consisting of a chair, several alternate chairs and several ordinary members. The chair and alternate chairs do not operate under the responsibility of the employer and are members of the Dutch judiciary.

  • 2 An employee can submit a dispute with the employer on the application of these Regulations or any regulations based on these Regulations to the disputes committee in writing, stating reasons. The employee will not incur any costs for submitting a dispute to the disputes committee.

  • 3 After examining all the relevant documentation and giving the employee and the employer the opportunity to be heard, the committee issues a written and reasoned advisory opinion to the employer and sends a copy to the employee.

  • 4 The employer notifies the employee in writing of its decision regarding whether or not to implement the dispute committee’s advisory opinion. If the employer decides to deviate from the advisory opinion, sound reasons must be given for doing so.

  • 5 An employee who submits a dispute to the disputes committee may be assisted by an adviser.

  • 6 An employee’s decision to submit a dispute to the disputes committee does not affect the employee’s right to bring the same dispute before a court in the country where the mission at which the employee works or worked is located or before a court in another country.

Article 1.7. Limitation period

Any claim arising from the employment contract between an employee and the employer is subject to a limitation period of five years from the date on which the claim arose, in so far as these Regulations do not provide otherwise.

Article 1.8. Notification of regulations and instructions

  • 1 Regulations governing the legal status of employees and other regulations and instructions which employees must comply with in performing their duties, and amendments to such regulations and instructions, must be communicated to the employee and be deposited for inspection at a place to which the employee has access. The employee may make copies of such regulations free of charge, in so far as this is reasonably necessary.

  • 2 The main points of the regulations and instructions referred to in paragraph 1 are also available in Spanish and French.

  • 3 The employee must be properly informed of any regulations and instructions that are not recorded in writing.

Article 1.9. Hardship clause

The employer can, either at the suggestion of the head of mission or otherwise, exclude the application of articles of these Regulations or deviate from them for the benefit of an employee in so far as their application would be materially unfair in view of the employee’s interest in having a strong legal status and good employment conditions.

Chapter 2. Start of employment

Article 2.1. Filling vacancies

  • 1 The head of mission notifies the employees at the mission, the partners of staff members posted to the mission and, if relevant, the employees of other missions within the same district and the partners of staff members posted to these missions, of vacancies at the mission entailing an employment contract for an employee and gives them two weeks to submit an application. This two-week time limit may be reduced if, in the opinion of the head of mission, the vacancy must be filled urgently.

  • 2 The announcement of the vacancy includes at a minimum details of the scope and content of the job, requirements as regards qualifications and experience, salary, any special employment conditions and the closing date for applications. The inclusion in the selection procedure of a medical or psychological examination, security screening or any other examination of candidates’ trustworthiness or suitability must also be mentioned.

  • 3 The vacancy may be advertised outside the mission or missions referred to in paragraph 1 once it has been established that:

    • a. no persons as referred to in paragraph 1 have applied within the time limit referred to in that paragraph; or

    • b. the persons referred to in paragraph 1 who applied within the time limit referred to in that paragraph are unsuitable for the vacancy or have withdrawn their candidacy.

  • 4 If an employee and the partner of a staff member posted to a mission are equally suitable, the employee is to be given priority.

  • 5 Notwithstanding paragraphs 1 and 3, in special cases where haste is required and there is not expected to be a suitable candidate among the persons referred to in paragraph 1, the head of mission may simultaneously announce a vacancy internally at the mission or missions referred to in paragraph 1 and advertise it externally. If a person referred to in paragraph 1 and another applicant are equally suitable, the former is to be given priority, without prejudice to the provisions of paragraph 4.

Article 2.2. Medical examination

  • 1 The employer may require a prospective employee to undergo a medical examination if, in the opinion of the employer, the duties of the job to which the employment contract relates necessitate that special requirements be imposed in terms of medical suitability, including protection of the health and safety of the prospective employee and of third parties in relation to the performance of the work concerned.

  • 2 The costs of the medical examination are borne by the employer. The travel and subsistence expenses necessarily incurred by the prospective employee are reimbursed in accordance with chapter 4, part 5.

Article 2.3. Psychological examination

  • 1 A prospective employee may be required to undergo a psychological examination if the employer considers this desirable in view of the nature of the job to be performed.

  • 2 The costs of the psychological examination are borne by the employer. The travel and subsistence expenses necessarily incurred by the prospective employee are reimbursed in accordance with chapter 4, part 5.

  • 3 Paragraphs 1 and 2 apply mutatis mutandis to an employee who applies for another job at the mission or another mission.

Article 2.4. Investigation of a prospective employee’s trustworthiness and suitability

  • 1 Except in the cases referred to in paragraphs 2 and 4, the employer may require a prospective employee to submit a certificate of conduct as referred to in the Justice System Data Act, or an equivalent certificate issued by the authorities of a country other than the Netherlands.

  • 2 If a job other than a confidential position as referred to in section 1, subsection 1 (a) of the Security Screening Act places special demands on the person who performs it in terms of integrity or responsibility, and if a compelling general interest is served by so doing, the director of the Security, Crisis Management and Integrity Department at the Ministry of Foreign Affairs or a person designated by that director may request judicial data from the Minister of Justice and Security for the purpose of investigating the trustworthiness and suitability of the prospective employee for this job. The prospective employee may be employed in a job of this kind only if no objections to their employment emerge from the investigation. The privacy of the person involved must be adequately protected in the conduct of the investigation referred to in the previous sentence.

  • 3 A person may be employed in a confidential position as referred to in section 1, subsection 1 (a) of the Security Screening Act only if a certificate as referred to in section 1, subsection 1 (b) of this Act has been issued in respect of the person concerned.

  • 4 An investigation as referred to in paragraphs 2 or 3 may be conducted only if the employer is of the opinion that the person concerned is qualified and suitable for the job in question.

  • 5 The costs of obtaining a certificate as referred to in paragraph 1 are borne by the employer.

Article 2.5. Engagement and probationary period

  • 1 An employee is engaged for a fixed period or an open-ended period.

  • 2 Upon engagement, a probationary period may be agreed in writing.

  • 3 If a probationary period has been agreed, either party may terminate the employment contract with immediate effect until this period has elapsed.

  • 4 The probationary period is the same for the employer and the employee and does not exceed two months.

  • 5 Any clause under which the probationary period is not the same for both parties or exceeds two months and any clause under which a new probationary period is entered into that results in a combined probationary period of more than two months is null and void.

  • 6 An employment contract may be entered into with the prospective employee only if that individual is permitted by the local authorities to reside in the country in question and perform the work for the mission.

  • 7 The costs of obtaining a residence or work permit or comparable document are borne by the prospective employee, unless these costs must be wholly or partly borne by the employer in accordance with local regulations or local usage.

Article 2.6. The employment contract

  • 1 The employment contract is entered into in writing in English, French or Spanish; if necessary a translation is added in a language of which the employee has an adequate command. In Belgium and Suriname it is also possible for the employment contract to be entered into in Dutch. The standard contracts provided by 3W must be used.

  • 2 The employment contract must in any event state:

    • a. the employee's surname, given names and date of birth;

    • b. the starting date of employment;

    • c. whether the employment contract is for a fixed or open-ended period; in the former case, the term of validity must be specified;

    • d. the agreed probationary period, if any;

    • e. the employee’s starting salary;

    • f. any benefits granted to the employee in the form of board and lodging or other forms of payment in kind, and the associated deductions;

    • g. the nature of the work the employee will normally be assigned to do;

    • h. the provisions laid down in or pursuant to these Regulations which apply to the employment contract;

    • i. that the employment contract is subject to local employment law.

  • 3 The employment contract is subject to these Regulations and any regulations based on them as they read at the time the contract is entered into and as amended at a later date, and on any regulations replacing them.

  • 4 Employees are informed in writing, if possible before employment starts, of the main aspects of their legal status, in a language of which they have an adequate command.

Chapter 3. Working hours, holiday and leave

Article 3.1. Working hours, working times and breaks

The following information is included in the mission version, with due observance of local regulations or local usage:

  • a. a working times arrangement that specifies at a minimum:

    • 1°. the number of working hours per week for employees;

    • 2°. a schedule of the start and end of daily working times and, unless this is not in keeping with local regulations and local usage, breaks during the working day;

    • 3°. the number of days of rest and public holidays when no work is required, except as necessary in the interests of the service for special reasons;

  • b. provisions concerning the determination of the allowance which employees receive if they perform their duties at times outside the working times arrangement applicable to them.

Article 3.2. Changes to weekly working hours

  • 1 An employee who has worked at a mission for at least one year may request a change in the weekly working hours laid down in the employment contract.

  • 2 The employee must submit such a request to the employer in writing at least four months before the change is intended to take effect. The request must state when the employee would like the change in weekly working hours to take effect, how many hours a week the employee wishes to work and how the employee would like to distribute those hours over the week.

  • 3 The employer grants such requests in so far as they are not contrary to the interests of the service.

  • 4 An employee may submit a new request two years after the employer has granted or rejected a request for a change in weekly working hours.

Article 3.3. Holiday

  • 1 An employee is entitled to a number of hours’ holiday in accordance with local regulations and local usage. The number of annual holiday hours is stated in the mission version.

  • 2 An employee who, notwithstanding the applicable working times arrangement, does not perform any duties during a calendar month will not accrue any holiday hours for that calendar month. An employee who, notwithstanding the applicable working times arrangement, only partially performs duties during a calendar month will accrue a proportionate number of holiday hours.

  • 3 Paragraph 2 does not apply if the employee does not perform duties or does so only partially due to:

    • a. sickness, in so far as the period during which the employee is prevented from performing duties is shorter than 13 weeks, periods of sickness being added together if they succeed one another at intervals of less than 31 consecutive days;

    • b. pregnancy and maternity leave, in so far as the period of leave does not exceed 16 weeks;

    • c. holiday.

  • 4 The employer confirms the start and end dates of a period of holiday after consultation with the employee. Barring special circumstances, this consultation and confirmation must be done sufficiently far in advance that the employee has time to make preparations for the holiday.

  • 5 The employer may, if compelling reasons exist for doing so and after consultation with the employee, alter the confirmed period of holiday. The employer must reimburse the employee for the damage incurred by the latter as a consequence of the alteration.

  • 6 If an employee has unused holiday hours when the employment contract ends, the employee is entitled to receive payment for each hour at the rate of the hourly pay the employee earned immediately preceding the end of employment.

Article 3.4. Leave

  • 1 An employee is entitled to leave on public holidays and special leave in accordance with local regulations and local usage.

  • 2 In special cases HDPO may decide to grant more leave on public holidays than required by local regulations or local usage and reduce employees’ salary or the number of holiday hours proportionately.

  • 3 After consulting with the employee participation body at the mission, the head of mission specifies annually, in accordance with local regulations and local usage, the public holidays on which employees are entitled to paid leave.

  • 4 The rules governing special leave are included in the mission version.

  • 5 If the mission is closed on a local or Dutch public holiday and the head of mission has not designated that public holiday in that calendar year as a public holiday on which employees are entitled to paid leave, pursuant to paragraph 3, each employee may either deduct the hours of that day from their holiday entitlement or make up the hours at a different time.

Chapter 4. Salary and other financial conditions of employment

§ 1. Job evaluation, pay scales and salary

Article 4.1. Job evaluation, pay scales, pay numbers and salary amounts

  • 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.

Article 4.2. Adjustments to salary amounts where these amounts are not fixed in the local currency

  • 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.

Article 4.3. The pay scale, pay number and salary amount applicable to an employee

  • 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.

§ 2. Allowances

Article 4.4. Market-related allowance

  • 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 desirable given 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.

Article 4.4a. Standby allowance

  • 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 standby outside the working hours set for them in order to perform work immediately upon being called up are granted an allowance for each hour that they are on standby.

  • 2 The allowance paid for hours when the employee is on standby 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 standby duty of 24 hours on a weekday and 2.5 hours’ leave for standby duty at the weekend or on a public holiday. Proportionate compensation is awarded for standby 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.

Article 4.5. Other allowances that are treated as salary

  • 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.

§ 3. Additional remuneration

Article 4.6. Special remuneration

  • 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.

Article 4.7. Emergency service allowance

  • 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.

§ 4. Fixing of gross salary and payment of gross or net salary

Article 4.8. Fixing of gross salary

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

Article 4.9. Payment of gross or net salary; local tax liability

  • 1 If salary is not taxable in the Netherlands, it is paid net. This net salary is calculated by deducting from the salary referred to in article 4.8, paragraph 1 the contributions or amounts referred to in article 4.8, paragraph 2 and the amount of tax owed locally by the employee on the salary or 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.

  • 2 Tax owed locally on salary is remitted by the employer.

  • 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, this will be included in the mission version. In this event, employees are responsible for remitting tax owed locally on their salary and, notwithstanding paragraph 1, their salary is paid gross. If so requested by the head of mission or 3W, employees are required to show that they have remitted tax owed locally.

  • 4 If an employee is responsible for remitting tax owed locally on salary but fails to do so, 3W may decide, notwithstanding paragraph 3, to pay the employee’s salary net. In that case, the salaries tax owed locally by the employee 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 and can show this, the employee will be reimbursed for the amount remitted.

  • 6 The head of mission or 3W may provide the competent local authorities with a statement of the salary earned by the employee.

Article 4.10. Payment of net salary; Dutch tax liability

  • 1 If salary is taxable in the Netherlands, it is paid net. This net salary is calculated by deducting from the salary referred to in article 4.8, paragraph 1 the contributions or amounts referred to in article 4.8, paragraph 2 and the amount of salaries tax the employee would owe locally if the employee were liable to tax locally.

  • 2 Salaries tax owed in the Netherlands is remitted directly by the employer. In calculating the amount of salaries tax owed, unless the employee requests otherwise in writing, the employer takes account of the general tax credit and employed person’s tax credit prescribed in the Salaries Tax Act 1964 or comparable tax credits, by whatever name they are known.

  • 3 If the employer has remitted too much salaries tax to the Dutch tax authorities, the employee is required to cooperate with the employer 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.

  • 4 If, at the written request of the employee, the employer disregards the credits referred to in paragraph 2 in calculating the amount of salaries tax owed in the Netherlands, both the amount referred to in paragraph 1 and an additional amount, equal to the difference between the amount of Dutch salaries tax owed and the lower amount of Dutch salaries tax that would have been owed if the employee had not requested that the credits referred to in paragraph 2 be disregarded, will be deducted from the employee’s salary as referred to in article 4.8, paragraph 1.

Article 4.11. Payment of gross or net salary; double tax liability

  • 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.

§ 5. Official travel and travel for the purposes of training

Article 4.12. Official travel and travel for the purposes of training; general provisions

  • 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.

Article 4.13. Extension of official travel or travel for the purposes of training

  • 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.

Article 4.14. Compensation for delays and loyalty programmes

  • 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.

Article 4.15. Tickets and bookings

  • 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.

Article 4.16. Travel costs

  • 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.

Article 4.17. Journeys undertaken by train or by air

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

    • a. this is not possible;

    • b. the distance by public transport, measured from departure station to destination station, is more than 500 kilometres;

    • c. the journey time by public transport is more than six hours; or

    • d. the employer is of the opinion that travel by public transport would be unreasonably arduous in the light of local circumstances, even if the distance is less than that specified in (b) or the journey time is shorter than that specified in (c).

  • 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.

Article 4.18. Hired vehicle or taxi

If, in the opinion of the employer, it is in the interests of the service for an employee to use a hired vehicle or a taxi during an official trip, the associated costs will be reimbursed in full.

Article 4.19. Subsistence costs

  • 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.

Article 4.20. Benefits in kind provided by the employer

  • 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.

Article 4.21. Reimbursement of other costs relating to official travel or travel for the purposes of training

  • 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.

Article 4.22. Clothing costs

  • 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.

Article 4.23. Costs related to sickness, accident or the loss, theft of or damage to luggage

  • 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.

§ 6. Reimbursement of other costs

Article 4.24. Reimbursement of hospitality and other costs

  • 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.

Article 4.25. Indemnification

  • 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 2 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.

§ 7. Setoffs and payments

Article 4.26. Setoffs

Amounts owed by the employee to the employer may be set off against amounts owed by the employer to the employee.

Article 4.27. No payment if duties not performed

No salary or other payments are owed in respect of a period during which the employee has not performed the stipulated work in so far as these Regulations or the mission version do not provide otherwise.

Article 4.28. Currency; fixing and payment

  • 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.

Chapter 5. Social provisions, occupational health support, sickness and pregnancy

§ 2. Employees to whom the local social security system is applicable

Article 5.2. Registration with the local social security authorities

  • 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.

Article 5.3. Payment of contributions to the local social security authorities

  • 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.

§ 3. Employees to whom the Dutch social security system is applicable

Article 5.4. Registration with the Dutch social security authorities

If the Dutch social security system is applicable to an employee, 3W arranges for the registration of the employee with the relevant authorities in the Netherlands.

Article 5.5. Payment of contributions to the Dutch social security authorities

  • 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.

§ 4. Employees to whom neither the Dutch nor the local social security system is applicable

Article 5.6. General

  • 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.

§ 5. Occupational health support

Article 5.7. General provisions and computer glasses

  • 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.

Article 5.8. Medical examination

  • 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.

§ 6. Medical expenses

Article 5.9. Contribution towards medical expenses

  • 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.

Article 5.10. Reimbursement of medical expenses in the event of a work-related accident or occupational sickness

  • 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.

§ 7. Sick pay

Article 5.11. Continuation of salary payment in the event of sickness

  • 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.

Article 5.12. Limitation of pay entitlement

No entitlement to salary as referred to in article 5.11 exists:

  • a. if the sickness has been feigned or has in any event been exaggerated to such an extent that unfitness for work due to sickness cannot be presumed;

  • b. if the employee has caused the unfitness for work due to sickness intentionally or through gross negligence, unless the employee cannot be held responsible for this owing to the mental state of the employee;

  • c. if the unfitness for work due to sickness occurs within six months of the medical examination referred to in article 2.2 and it also transpires that the employee provided incorrect information about their state of health or concealed information as a result of which the declaration of fitness to perform the duties of the relevant job was wrongly issued, unless the employee can show that they acted in good faith;

  • d. during a period that the employee:

    • 1°. refuses to submit to a medical examination by or on behalf of the occupational health service or, after being given notice of such an examination, fails to attend without a valid reason;

    • 2°. fails without a valid reason to undergo, or to continue to undergo, medical treatment or fails to obey the instructions given by the treating physician, other than instructions to undergo an invasive medical procedure;

    • 3°. acts in a way that hinders or delays recovery;

    • 4°. works either for themselves or for third parties during the period of unfitness to work due to sickness, unless the occupational health service considers this to be desirable in the interests of recovery;

    • 5°. fails to return to work and resume their duties at the time and to the extent determined by the occupational health service, unless the employee has given a reason recognised as valid by this service or the employer;

    • 6°. refuses, without good grounds, to accept an offer of work which is suitable and which the occupational health service believes the employee is capable of performing.

§ 8. Pregnancy and birth

Article 5.13. Provisions in the case of pregnancy and birth

  • 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.

Article 5.14. Employee who is breastfeeding

  • 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.

Article 5.15. Prohibition of termination of an employment contract during pregnancy

  • 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.

Chapter 6. Other rights and obligations

§ 1. Obligations and prohibitions

Article 6.1. Good conduct as an employee and oath or affirmation

  • 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.

Article 6.2. Reporting obligation

  • 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.

Article 6.3. Outside work and acting as a contractor

  • 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.

Article 6.4. Rewards, donations and promises of third parties

Employees acting in an official capacity are forbidden to demand, request or accept rewards, donations or promises from third parties, other than with the approval of the employer.

Article 6.5. Official workclothes and wearing of insignia

  • 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.

Article 6.6. Place of residence

An employee is obliged to reside in or near to – and if necessary to move to – the place where the mission is located if this is deemed necessary by the employer to ensure the employee’s proper performance of duties.

Article 6.7. Instructions to perform other duties

The employer may require an employee temporarily to perform duties other than those the employee usually performs, provided that the employee can reasonably be instructed to perform such work.

Article 6.8. In-house emergency service

  • 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.

§ 2. Staff residences

Article 6.9. Staff residences; general provisions

The conditions that apply when a staff residence is made available to an employee, including the division of the maintenance costs and the manner in which availability of the residence is terminated, are specified in the mission version.

Article 6.10. Use of staff residences by surviving family members

  • 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.

§ 3. Training

Article 6.11. Mandatory training

  • 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.

Article 6.12. Training on the employee’s initiative

  • 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.

§ 4. Introductory interviews, staff interviews and assessments

Article 6.13. Introductory interviews

  • 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.

Article 6.14. Staff interviews

  • 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.

Article 6.15. Assessments

If the employer considers it desirable or the employee so requests, the employee’s performance is assessed in conformity with the guidelines established by the employer.

§ 5. Reorganisation

Article 6.16. Developing a plan of action

  • 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.

Article 6.17. Adopting the plan of action

The employer adopts the plan of action after the head of mission has consulted with the employee participation body at the mission.

Article 6.18. General provisions

  • 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.

Article 6.19. Support finding a job or setting up a business

  • 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.

Article 6.20. Priority in the event of job vacancies

  • 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.

Article 6.21. Termination

  • 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.

Article 6.22. Redundancy payment in the event of reorganisation

  • 1 Notwithstanding article 8.3, paragraph 2, first sentence, if the employer terminates a job loser’s employment contract as a result of the job loser’s job ceasing to exist, the redundancy payment is a month’s salary for each year the employment contract or successive employment contracts have been in effect or such higher amount as determined in the mission version.

  • 2 Notwithstanding article 8.3, paragraph 1 (b), a job loser who terminates their employment contract is awarded a 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 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.

Article 6.23. Contribution towards outplacement costs

  • 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.

Article 6.24. Contribution towards training costs

  • 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.

Article 6.25. Training leave

  • 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.

Article 6.26. Contribution towards the costs of setting up a business

  • 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.

Article 6.27. Contribution amounts

The total sum of the contributions referred to in articles 6.23, 6.24 and 6.26 must not exceed four times the full-time equivalent of the job loser’s gross monthly salary.

Article 6.28. Contribution towards removal and refurbishment costs

  • 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.

Article 6.29. Allowances in the event of employment in another unit of the employer

  • 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.

Article 6.30. Internal candidate status

An ex-employee whose employment contract has been terminated by the employer due to the job ceasing to exist is given the opportunity for up to one year after the date on which the employment contract ends to apply as an internal candidate for vacancies entailing an employment contract at the mission where the ex-employee worked or at another mission in the same country, in accordance with article 2.1.

Chapter 7. Prohibition of entry, suspension, compensation, dereliction of duty and disciplinary penalties

Article 7.1. Prohibition of entry

An employee may be prohibited by the head of mission from entering official rooms or buildings or from working or residing there.

Article 7.2. Suspension

  • 1 Employees who have been deprived of their liberty pursuant to a statutory measure are automatically suspended, unless such deprivation of liberty is the result of a measure taken in the interests of public health.

  • 2 The employer may suspend the employee if criminal proceedings have been instituted against the employee or if, in the employer’s opinion, it is for some other reason in the interests of the service to suspend the employee.

  • 3 The employer determines whether an employee is to be suspended on full salary or whether all or part of the salary is to be withheld.

Article 7.3. Compensation

An employee may be required to pay full or partial compensation for damage suffered by the employer in so far as the employee is seriously at fault.

Article 7.4. Dereliction of duty

  • 1 Employees who fail to fulfil the obligations imposed on them or are guilty of some other dereliction of duty may be penalised by the employer.

  • 2 Dereliction of duty includes both breaking a rule and doing something which a good employee in the same circumstances should refrain from doing or omitting to do something which a good employee in the same circumstances should do.

Article 7.5. Disciplinary penalties

The following disciplinary penalties may be imposed for dereliction of duty:

  • a. a written reprimand;

  • b. limitation of holiday entitlement, up to a maximum of one-third of the hours to which the employee is entitled in a calendar year;

  • c. partial or full withholding of salary, up to a maximum amount of half a month’s salary;

  • d. assignment of a salary amount in the employee’s pay scale attached to a pay number that is at most two pay numbers below the one applicable to the employee, for a period of up to two years;

  • e. suspension of the award of a higher pay number for a period of up to four years;

  • f. suspension for a fixed period with all or part of the employee’s salary withheld;

  • g. dismissal in accordance with chapter 8.

Chapter 8. End of an employment contract

§ 1. End of an employment contract and redundancy payment

Article 8.1. Employment contract for a fixed period; automatic termination; premature termination

  • 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.

Article 8.2. Termination of an open-ended employment contract

  • 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.

Article 8.3. Redundancy payment

  • 1 An employee whose employment contract ends is entitled to a one-off redundancy payment, unless:

    • a. one or more successive employment contracts for a fixed period have automatically expired, having had a cumulative duration of less than five years;

    • b. the employee has terminated the employment contract;

    • c. the employer has terminated the employment contract for reasons that are the fault of the employee;

    • d. the employment contract has ended because the employee has reached the age of retirement; or

    • e. the employment contract has been terminated due to sickness after the period referred to in article 8.4, paragraph 1.

  • 2 The payment referred to in paragraph 1 is a lump sum equal to at least half a month’s salary for each year the employment contract or successive employment contracts have been in effect. The payment for part of a year of service is determined proportionately. Article 8.2, paragraph 4 applies mutatis mutandis to the calculation of the duration of the employment contract. If the employment contract is partially terminated by the employer, the employee is entitled to the payment for the number of hours for which the employment contract has been terminated.

  • 3 The number of monthly salaries paid pursuant to paragraph 2 does not exceed the number of full calendar months between the date of redundancy and the pension date as referred to in article 9.1, paragraph 1 (d).

  • 4 If a redundancy payment 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 amount referred to in paragraph 2.

  • 5 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.

§ 2. End of an employment contract due to sickness, retirement, death or a compelling reason

Article 8.4. Termination of an employment contract due to sickness

  • 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.

Article 8.5. End of an employment contract upon reaching the age of retirement

The employment contract ends on the first day following the day on which the employee reaches the age of retirement specified in the mission version. The age of retirement is set in accordance with local usage, but subject to a minimum age of 60 years and a maximum age of 67 years.

Article 8.6. End of an employment contract due to death

  • 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 5. 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.

Article 8.7. End of an employment contract when an employee is missing

  • 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.

Article 8.8. Termination of an employment contract for a compelling reason

  • 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.

§ 3. Manifestly unreasonable termination

Article 8.9. Manifestly unreasonable termination

  • 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.

§ 4. Special obligations of the employer upon termination of an employment contract

Article 8.10. Employer’s declaration

  • 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.

Chapter 9. Old age pensions, surviving dependants’ benefits and invalidity benefits

§ 1. General provisions

Article 9.1. Definitions

  • 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 of the month 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.

Article 9.2. Obligations of the employee, ex-employee or surviving dependant

  • 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.

§ 2. Old age pensions, surviving dependants’ benefits and invalidity benefits

Article 9.3. Old age pensions, surviving dependants’ benefits and invalidity benefits; general provisions

  • 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.

§ 3. Supplementation of old age pensions

Article 9.4. Supplementation of old age pensions; general provisions

  • 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 or would have been entitled if the employee had continued to be employed at the mission until the pension date that applies to the employee under local regulations:

    • 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.

  • 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.

§ 4. Supplementation of surviving dependants’ benefits

Article 9.5. Supplementation of surviving dependants’ benefits; general provisions

  • 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.

Article 9.6. Supplementation of surviving partners’ benefits

  • 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 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).

Article 9.7. Supplementation of orphan’s benefits

  • 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 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.

§ 5. Supplementation of invalidity benefits

Article 9.8. Supplementation of invalidity benefits; general provisions

  • 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.

Article 9.9. Supplementation of invalidity benefits; medical examination

  • 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.

§ 6. Payment of supplements

Article 9.10. Fixing and payment of supplements

  • 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.

  • 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.

Chapter 10. Transitional and final provisions

Article 10.1. Transitional provision concerning social plans

Any social plan that applies to an employee or ex-employee on the date of entry into force of these Regulations will continue to apply to that employee or ex-employee and articles 6.16 to 6.30 of these Regulations will not apply.

Article 10.3. Short title

These Regulations are to be cited as: Legal Status (Local Employees) Regulations 2020.

These Regulations are to be published in the Government Gazette with the explanatory notes and annexes.

The Hague, 13 November 2019

Y. Brandt

Secretary-General

For the Minister of Foreign Affairs
For the State of the Netherlands

Annexe 1. Jobs and pay scales

cleaning staff

scale 1

catering staff

scale 1

garden maintenance staff

scale 1

messenger

scale 2

security guard

scale 1

senior security guard

scale 2

facilities officer

scale 3

senior facilities officer

scale 4

driver

scale 3

senior driver

scale 4

receptionist/telephone operator

scale 4

secretary/administrative assistant

scale 5

senior secretary/administrative assistant

scale 6

records officer

scale 5

senior records officer

scale 6

general affairs/accounting officer

scale 5

senior general affairs/accounting officer

scale 6

general affairs officer

scale 6

senior general affairs officer

scale 7

consular affairs officer

scale 6

senior consular affairs officer

scale 7

interpreter/translator

scale 7

press and cultural affairs/economic affairs officer

scale 7

senior press and cultural affairs/economic affairs officer

scale 8

policy officer

scale 9

senior policy officer

scale 10

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