Article 2.1 General
In consultation with the (C)OR, the employer establishes a selection code with respect to recruiting and selecting personnel, taking the extant code of the Netherlands Association for Personnel Policy as the point of departure.
Article 2.2 Examination/Re-Examination
A medical examination only takes place if specific requirements for the performance of the work have been formulated which can be translated into medical terms. A medical examination shall, with regard to its nature, content and scope, be restricted to the relevant purpose. The employer shall bear the costs of the examination and re-examination.
Article 2.3 Content of the labour agreement
The employee will be given a labour agreement prior to the commencement of the employee’s duties; the following will be incorporated herein:
a. The employee’s surname, forename, other initials and date of birth
b. The employer’s name
c. The date on which employment commences
d. Whether the employment is fixed-term or permanent employment. If the employment is fixed-term: the term as well as the grounds for employment
e. His work and the operational unit, as well as any concrete arrangements on alteration of work or work placement to enhance employability
f. The fulltime and applicable hours to the employee and the size of the actual working week that apply to the employee
g. The salary, under specification of the relevant salary scale, the salary step and allowances, if any, if applicable, the time at which the first periodical salary increase will take place for the first time.
h. The provision that the CAO and the labour agreement are a whole
i. The applicable pension scheme
j. The location or locations where the work is performed
k. If applicable: the provision that employment is dependent on external funding as referred to in article 2.6 paragraph 2
l. The cancellation procedure and the notice period.
Article 2.4 Changes/supplements to the labour agreement
The employee is notified in writing of changes in and supplementations to the information in the letter of appointment or the labour agreement as specified in article 2.3.
Article 2.5 General provisions with respect to the labour agreement
- The labour agreement is entered into for a specified or unspecified period.
- In principle, for structural work a labour agreement is entered into for an indefinite period after the end of an initial fixed-term labour agreement.
- In derogation of Article 7: 652, paragraph 4 of the Dutch Civil Code a probation period of a maximum of two months can be agreed upon in the event of alabour agreement for a term of more than six months. During the probationary period, both employer and employee can terminate the employment immediately.
Article 2.6 Fixed-term labour agreement for employees other than OIOs
- The term of a fixed-term labour agreement is established at the start of employment. The term can be either a specified term or a term that has not been exactly specified in advance but depends on a circumstance that can be defined objectively. The starting point for determining the term of a fixed-term labour agreement is article 7:668(a) of the Dutch Civil Code, which stipulates that from the day that between the same parties
a. fixed-term labour agreements have followed each other with intervals of no longer than six months and the total duration, including the intervals between the contracts, has exceeded a 36-month period, the most recent labour agreement is deemed to be effected permanent as from that particular day or
b. more than three fixed-term labour agreements have followed each other with intervals no longer than six months the the most recent labour agreement is deemed to be effected permanent as from that particular day.
- The term of the labour agreement may depend on temporary external financing, in which case the total term, including two extensions, may be four years.
- The labour agreement can be terminated prematurely if such has been agreed upon in writing.
- With employees in the Research Job Family in salary scales 10 and 11, a fixed-term labour agreement can be entered into, of which the total term may amount to a maximum period of four years, including two extensions.
- For employees in the Research Support and Technical Job Family, there will be the prospect of a permanent labour agreement, following a fixed-term labour argeement of no longer than three years, including an extension.
If the work activities are necessary for business operations, are non-structural in nature and have not been completed within the term determined at the start, the total term of the fixed-term labour agreement will amount to a maximum of four years, including two extensions.
- For members of the Executive Board can be deviated from the maximum duration of 36 months in order to align the duration of the labour agreement with the duration of the appointment.
- Without prejudice to the provisions of this article, a one-time fixed-term labour agreement can be entered into for more than three years. This labour agreement can be extended once by a maximum period of three months.
- In case a fixed-term labour agreement that has been in place for more than three years comes to an end by operation of law and is not continued by the employer, the employer has an obligation to investigate whether the employee can be offered another suitable position before the end of the employment contract.
- The following does not count in determining the term of the labour agreement and the number of extensions:
1. The years of service as an OIO/a tenure tracker.
2. The years of service with other employers.
3. The years of service with the employer preceding an interruption of more than six months.
- Contrary to paragraph 8, below 2, the years of service spent working for employers within the NWO umbrella organisation will be taken into account when applying the chain provision to NWO employments.
Article 2.7 Tenure Track
- Tenure track is the formally established track for an indefinite employment contract, to an intended higher scientific position, for employees from the research job family.
- A tenure track can be entered into in a labour agreement for a specified maximum period of six years. The term of the fixed-term labour agreement(s) that precedes (precede) the same are, due to the intrinsic nature of a Tenure Track Agreement, not taken into account when determining the maximum term of the agreement. This labour agreement can subsequently be extended once by at most three months.
- The tenure track specifies:
– How the track may be lead to a permanent labour agreement
– The duration of the track
– The assessment procedure and criteria
– The consequences of a positive or negative assessment
- The decision about whether or not the labour agreement will be made permanent will be taken well in advance, at least one year before the end of the agreed period.
- If a labour agreement will terminate by operation law, the employer has a best-effort obligation to investigate whether the employee can be offered another position, within its organisation, that is suited to their personality and circumstances.
Article 2.8 On-call and substitute workers
- An on-call or substitute worker is deployed for work with an incidental nature and no fixed scope, and for varying working hours to be determined by the employer.
- Pursuant to section 7: 628 (5) of the Dutch Civil Code, the labour agreement of the on-call or substitute worker may stipulate that during the first six months only remuneration will be received for hours actually worked. After that period, section 628 subsection 1 of Book 7 of the Dutch Civil Code applies.
- The labour agreement of the on-call or substitute worker in the Facility Services Job Family Subgroup can include the provision that, during a period exceeding six months, the worker will exclusively receive remuneration for the number of hours actually worked.
