BWBR0045662
Geldig vanaf 2021-10-01
Artikel 4.25
Legal Status (Local Employees) Regulations 2020
1. The employer may provide fair indemnification to an employee, except in the cases referred to in paragraph 2.
2. If an employee becomes permanently disabled or dies in the course of carrying out their duties at the mission or during an official trip, as a consequence of an occupational sickness or work-related accident as referred to in article 5.10, paragraph 3, the employer will, on request, award a one-off payment to the employee or, as the case may be, to the employee’s surviving partner or dependent children in accordance with paragraphs 3 to 7.
3. In the event of permanent disability the payment is not more than 3 times the gross salary amount applicable at the mission concerned to the maximum pay number of pay scale 7, multiplied by 12. In the event of death the payment is 1.5 times the gross salary amount applicable at the mission concerned to the maximum pay number of pay scale 7, multiplied by 12.
4. The payment is inclusive of any payments made under insurance policies taken out or reimbursed by the employer.
5. The payment is paid net and is grossed up for the purposes of the applicable local or Dutch tax law. Chapter 4, part 4applies 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.
2. If an employee becomes permanently disabled or dies in the course of carrying out their duties at the mission or during an official trip, as a consequence of an occupational sickness or work-related accident as referred to in article 5.10, paragraph 3, the employer will, on request, award a one-off payment to the employee or, as the case may be, to the employee’s surviving partner or dependent children in accordance with paragraphs 3 to 7.
3. In the event of permanent disability the payment is not more than 3 times the gross salary amount applicable at the mission concerned to the maximum pay number of pay scale 7, multiplied by 12. In the event of death the payment is 1.5 times the gross salary amount applicable at the mission concerned to the maximum pay number of pay scale 7, multiplied by 12.
4. The payment is inclusive of any payments made under insurance policies taken out or reimbursed by the employer.
5. The payment is paid net and is grossed up for the purposes of the applicable local or Dutch tax law. Chapter 4, part 4applies 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.