Legal Status (Local Employees) Regulations 2020

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.

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.

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.

Female employees are entitled to paid pregnancy and maternity leave in connection with giving birth.

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.

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.

The employee must notify the employer of:

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.

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.

The employee concerned determines the timing and duration of the interruptions referred to in paragraph 1 after consulting with the employer.

The interruptions referred to in paragraph 1 are treated as work time for which the employee retains her entitlement to salary.

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.

If the employer terminates an employment contract contrary to paragraph 1 the employee may:

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.

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.

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:

If the employee does not have Dutch nationality, the first sentence of the oath or affirmation is omitted.

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.

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.

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.

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.

The employer keeps a record of the information referred to in paragraph 1.

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.

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.

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.

Official workclothes are replaced by the employer once they exhibit wear and tear.

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.

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.

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.

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.

At a minimum, the following forms of assistance are provided:

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.

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.

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.

Employees may be instructed to undergo training in the interests of the service, in so far as this can reasonably be required of them.

An employee who undergoes training pursuant to paragraph 1 is fully reimbursed for the necessary costs of training.

An employee who undergoes training pursuant to paragraph 1 may be granted paid training leave.

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.

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:

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.

Article 6.11, paragraphs 4 and 5 apply mutatis mutandis.

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.

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.

At least once a year, a staff interview takes place between the employee and the manager.

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.

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.

The plan of action describes at a minimum:

In this part, a job loser means:

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.

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.

Wherever possible, the employer provides a job loser with support in finding a new job.

At the job loser’s request, the employer issues a letter of recommendation that describes the job loser’s job performance.

A job loser is granted up to five working days’ special paid leave for job interviews and activities relating to setting up a business.

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.

A job loser who expresses interest within two weeks in a vacancy as referred to in paragraph 1 that:

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.

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.

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.

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.

Notwithstanding article 8.3, paragraph 1, second sentence, if the employer terminates a job loser’s employment contract as a result of the job loser’s job ceasing to exist, the transition redundancy payment is a month’s salary for each year the employment contract or successive employment contracts have been in effect.

Notwithstanding article 8.3, paragraph 1 (b), a job loser who terminates their employment contract is awarded a transition redundancy payment amounting to half a month’s salary for each year the employment contract or successive employment contracts have been in effect. A job loser who partially terminates their employment contract is entitled to the transition redundancy payment for the number of hours for which the employment contract has been terminated.

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.

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.

Costs are reimbursed on submission of the contract with and the invoice from a professional job placement agency.

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.

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.

The contribution is paid on submission of an invoice from a recognised educational institution.

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.

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.

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.

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.

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.

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.

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.

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.

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.

A job loser receives an allowance for the cost of:

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.

For the removal:

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.

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.

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.

Article 6.28 does not apply for the purposes of this article.

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.

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.

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.

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.

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.

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.

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.

Notwithstanding the provisions of paragraph 1, a fixed-term contract may also be ended prematurely in accordance with article 8.2.

An employment contract entered into for an open-ended period may be terminated by notice.

The employee must give at least one month’s notice.

The employer must give the following period of notice:

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.

Before terminating an employment contract by notice without the consent of the employee, the employer must seek the advice of 3W.

In these Regulations the termination of an employment contract by a court or other body at the request of the employer or the employee is equated with the termination of an employment contract by the employer or the employee.

An employee whose employment contract ends is entitled to a one-off redundancy payment as compensation for the disadvantageous consequences of termination of employment, the transition redundancy payment, unless:

Without prejudice to paragraph 1, an employee whose employment contract ends is entitled to a one-off redundancy payment to make provision for their old age pension, the old age pension redundancy payment. The old age pension redundancy payment amounts to half a month’s salary for each year the employment contract or successive employment contracts have been in effect without an insurance policy or comparable provision to ensure the accrual of old age pension as referred to in article 9.3, paragraph 1 having been taken out or made and without entitlement to supplementation of old age pension as referred to in article 9.4, paragraph 1 having been accrued.

The transition redundancy payments and old age pension redundancy payment referred to in paragraphs 1 and 2 are determined proportionately for part of a year of service. Article 8.2, paragraph 4 applies mutatis mutandis to the calculation of the duration of the employment contract. An employee whose employment contract partially ends is entitled to the payments referred to in paragraphs 1 and 2 for the number of hours for which the employment contract has ended.

The number of monthly salaries to which the transition redundancy payment referred to in paragraph 1 amounts must not exceed the number of full calendar months between the date of termination and the pension date as referred to in article 9.1, paragraph 1 (d).

If a transition redundancy payment or an old age pension redundancy payment as referred to in paragraph 1 or 2 has already been made for a part of the duration of the employment contract or successive employment contracts, this period will not count towards the payment referred to in paragraph 1 or 2.

For the purposes of this article and notwithstanding article 1.1 (m), monthly salary means: the monthly salary referred to in article 1.1 (m) as paid on average over the 12-month period immediately preceding the date on which employment ends. For the purposes of this article any general retroactive adjustment of salary amounts and related amounts decided on or after the date of termination is disregarded.

Articles 4.8 to 4.11 apply mutatis mutandis to fixing and paying the transition redundancy payments and old age pension redundancy payments referred to in paragraphs 1 and 2.

If local regulations require that, notwithstanding paragraph 1, a one-off redundancy payment be made, this redundancy payment will be converted into a monthly amount after disbursement, using the formula referred to in article 9.1, paragraph 2. This monthly amount will be deducted from the monthly supplement referred to in chapter 9.

If for reasons other than compliance with local regulation, and notwithstanding paragraph 1, a one-off redundancy payment is made in the case of termination of employment, the employee who chooses to receive this redundancy payment forfeits the right to supplementation as referred to in chapter 9.

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.

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.

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.

If the employer terminates an employment contract contrary to the provisions of paragraph 1, the employee may:

Paragraph 1 does not apply to termination during the probationary period.

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.

The death of the employee ends the employment contract. From the day after the death of the employee, no further salary is paid.

On the death of an employee, the surviving partner will as soon as possible be paid a lump sum equal to the monthly salary referred to in article 8.3, paragraph 6. In the absence of a surviving partner, the lump sum will be paid to the dependent children of the deceased.

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.

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 8.6, paragraph 2 does not apply if there is good reason to believe that the employee is absent without leave.

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.

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.

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.

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.

Any claim pursuant to this article is subject to a limitation period of six months following the date on which termination took effect.

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.

Termination of the employment contract by the employer will be deemed manifestly unreasonable in, for example, the following circumstances:

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.

Any claim pursuant to this article is subject to a limitation period of six months following the date on which termination took effect.

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.

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.

The following definitions apply for the purposes of this chapter:

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:

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.

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.

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.

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.

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.

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.

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.

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.

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:

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

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:

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.

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.

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.

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.

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.

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.

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.

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

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

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%.

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

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

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.

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:

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

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:

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.

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

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.

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.

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.

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.

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.