BWBR0045662
Geldig vanaf 2021-10-01
Artikel 5.12
Legal Status (Local Employees) Regulations 2020
No entitlement to salary as referred to in article 5.11exists:
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.
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.
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.
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.