Article 10. Disability
10.1 Employee is obliged, if he is ill, to report it immediately or, if the illness arises after the end of daily working hours, before 9.00 a.m. the next working day.
10.2. Employee shall comply with the regulations given by or on behalf of the employer during illness. If visiting a doctor can only be done within working hours, this must be reported to the employer the previous day, as far as possible.
10.3 During an employee's illness, full payment of the salary to which the employee is entitled or a salary supplement will be paid for a period of 52 (fifty-two) weeks, with the understanding that the first day of illness as a waiting day will be at the employee's own expense. This waiting day does not apply if less than four weeks have elapsed since the employee's previous absence due to illness.
10.4. If the incapacity for work lasts longer than twelve months, after this period the salary to which the employee is entitled shall be continued to be paid or supplemented for a period of 52 (fifty-two) weeks in accordance with the relevant statutory provisions.
Paragraphs 10.3 and 10.4 apply insofar as the employer is obliged to pay on the basis of paragraphs 3 to 7 and 9 of Article 7: 629 of the Dutch Civil Code.
10.5. Continued wage payment shall take place until no later than the end date of the employment contract.
10.6. In connection with claims for benefits under insurance taken out by the employer or the social insurance laws, the employer has the right to engage an occupational health and safety service, or any other legally recognised body or
controlling physician
10.7. Employee undertakes to cooperate with the employer to enforce its rights against third parties in respect of claiming compensation for loss of wages where appropriate.
10.8. Employee undertakes to give all necessary cooperation to examinations to determine the degree of incapacity for work, as well as to all actions taken by the employer and competent authorities to promote recovery.
10.9 In case of illness/incapacity for work lasting four weeks or more, the employee must return all items made available to the employee under this agreement (such as car, laptop, etc.) at the employer's first request.
10.10 In case of sickness/incapacity, the employee will no longer receive expense allowances during this sickness/incapacity.
10.11. All the provisions set out in this article are subject to change if social laws or legally mandated regulations are introduced or amended.
10.12 If the incapacity for work is the direct or indirect result of an event for which a third party/parties is/are liable, the employer is entitled, in accordance with Article
6:107a of the Dutch Civil Code, to damages vis-à-vis such third party/parties. In that context, the employee undertakes to provide the employer, at the employer's first request, with all the information necessary to establish the employer's claims against the third party or parties directly or indirectly related to the employee's incapacity for
work.
10.13 If the employee engages in any sport or activity outside working hours, which, according to generally accepted views in society, should be regarded as dangerous, the employee is obliged to take out insurance against the risks associated with the sport/activity, including, but not limited to, loss of earnings in the event of (partial) incapacity for work and related reintegration costs.
10.14. The employer has the right to refuse or withdraw the wage payments and/or supplements referred to in the preceding paragraph that are paid in case of
of illness, if the employee:
• Refuses to use available safety equipment or violates health and safety regulations;
• Abuses the arrangements provided by
employer in the context of an employee's disability;
• Has become incapacitated for work due to his
• Own intention or gross negligence;
• He became unfit for work as a result of a
condition about which he had given the employer incorrect information at the start
of the employment contract and as a result, he assessment against the load capacity
Requirements drawn up for the job could not be carried out correctly.
• By his actions impedes or delays his healing;
• For the time during which he refuses,
without good reason, to perform suitable work for the employer or for a third party designated by the employer, to which the employer gives him the opportunity;
• Fails to comply with the reasonable rules
and instructions applicable to him in the event of illness by the employer or an expert
appointed by the employer, including -but not limited to the situation where the
employee refuses to cooperate with a second opinion requested by the employer to the Employee Insurance Administration Agency (UWV);
• For the time during which he refuses, without good reason, to cooperate in
drawing up, evaluating, and adjusting an action plan;
• For the time during which, without good reason, he submits his application for WIA
benefits later than required by law;
• Failing or insufficiently cooperating in his reintegration and everything related to it.