By Jan Dop.
Many enterprises work with on-call employees. It is advantageous for employers because they can adapt their business operations to the developments in the market. But there are also benefits for on-call employees: they are free to work more or fewer hours and it can also be a step towards a permanent contract. What kind of contracts are there for on-call employees? What are the rights of on-call employees and which obligations do employers have to meet?
There are three types of on-call contracts, zero-hours contracts, min.-max. contracts, and pre-agreements. However, since the introduction of the chain rule the latter hardly exist anymore and will not be dealt with in this blog.
Zero-hours contracts
A zero-hours contract is an employment contract and therefore there are obligations for both employers and employees. Employers must, for instance, call upon employees when there is work and workers are in principle required to perform work when called upon. In principle, employers are required to continue to pay salary even if there is no work or if no work can be performed due to other reasons at the risk of the employer. In addition, the following requirements apply:
The obligation to continue to pay wages in the event of sickness is only applicable if the on call employee gets sick during the on-call period. If the on-call worker gets sick outside the on-call period, the obligation does not apply.
After three months of having been called upon regularly, the employee can make a “legal presumption of the scope of work”. This means that a contract of employment exists which is based on the average hours of work performed per month. It is up to the employer to prove the contrary.
Min.-max. contract
In this contract a minimum and maximum number of hours are agreed upon between employer and employee. The minimum hours are also referred to as “guaranteed number of hours”.
With regard to a min.-max. contract the following requirements apply:
On-call employees have to be paid for the guaranteed number of hours, even if the hours were not worked.
If an on-call worker is not able to perform work due to sickness, the obligation to continue to pay wages during sickness is applicable for at least the guaranteed number of hours.
After three months, the employee can make a “legal presumption of the scope of work”. This means that a contract of employment exists based on the average hours of work performed per month. It is up to the employer to prove the contrary.
Minimum on-call period
Regarding all on-call contracts, each time the employees are called upon they are entitled to a salary for at least three hours of work. Even if the employees have worked for a period of less than three hours. This requires however that the employment contract does not contain a clear scope of work, or that the scope of work is less than 15 hours per week. Min.-max. contracts are subject to the condition that the guaranteed number of hours is less than 15 hours per week. This may have been deviated from in a collective agreement.
Obligation to continue to pay wages excluded
In principle, the employer is required to continue to pay wages if the employee is unable to perform work due to reasons at the risk of the employer, such as cancellation of an order, technical problems, or if a company is snowed in. In an on-call contract the obligation to continue to pay wages also applies if the employer can provide work but does not make a call upon the employees.
The employer can exclude this obligation to continue to pay wages in the contract. For zero-hours contracts this means, for instance, that the employer is not required to continue to pay wages if there is no more work, regarding min. max. contracts, this means that the guaranteed number of hours don’t have to be paid, only the hours worked have to be paid. The rule that three hours per call have to be paid will remain in effect.
The obligation to continue to pay wages can be excluded for a maximum period of six months, but in collective agreements may be laid down the possibility of extension. This is only possible if the activities are carried out occasionally and not restricted in scope. For instance, if employees are only called upon in peak periods or to substitute employees that are temporarily absent.
Temporary contracts
On-call contracts, in whatever form, are usually temporary contracts. Since the introduction of the Work and Security Act, stricter rules have been applied regarding the probationary period, notice period, chain rule, and non-solicitation clause.
Future
Despite a tightening of the employers’ obligations in the Work and Security Act, according to the cabinet, on-call employees are still in a precarious position. The Labour Market in Balance Bill therefore contains a number of measures meant to ensure a strengthening of the position of the on-call worker:
Employees must be called upon at least 4 days in advance by the employer and are not required to be constantly available. In collective agreements, the on-call period may be restricted to 1 day.
On-call employees are entitled to wages if the call is cancelled.
After 12 months, on-call employees must be offered a contract for a fixed number of hours.
Jan DopAbout the author:Jan Dop, LL.M. Jan is Head of our Embassy Desk, that serves Embassies, Consulates, diplomats and expats. He has been a lawyer at Russell since 1995, and became a partner in 2011. Jan Dop assists national and international enterprises in all facets of their day-to-day business operations. He specializes in personnel, real estate and issues involving public authorities.@: jan.dop@russell.nlt: +31 20 301 55 55
By Barend ter Haar.
Two years have passed since the United Kingdom decided to leave the EU, but it remains unclear what that means because the UK tries to have its cake and eat it.
It seems unlikely that on this basis a stable and long-lasting divorce agreement can be build. Nevertheless all political attention is now focussed on reaching agreement, because a no deal exit would be even more damaging. However, there is a third and better option: play for time.
According to Article 50 of the Lisbon Treaty the European Council might “in agreement with the Member State concerned” decide to extend the period before final withdrawal. It would be wise to do so to give the UK time to get its act together. As several political and demographic trends work together, this could very well, sooner or later, lead to a reversal of the UK ‘s decision to leave the EU.
1. First of all, it becomes more obvious, almost every day, that the promised advantages of Brexit are mainly cosmetic, and that all the options have severe drawbacks. The Canada option could work if the UK moved a few thousand miles to the West and became part of North America, but it would jeopardize the Good Friday Agreement. The Norway option does not require a border through Ireland, but would in practice mean that London will lose control in Brussels rather than take it back.
2. Secondly, year after year the evidence is growing that an effective approach of major problems such as climate change, Russian misbehaviour and proliferation of nuclear weapons requires more, not less European cooperation and commitment.
3. The central position that the UK once had in the world is continuously eroding further, inter alia because of the rise of China and India. If the UK wants to have a global impact, it will have to work through the EU.
The proponents of Brexit might ignore those facts, but sooner or later they will be confronted by two related demographic trends.
4. About 70% of the voters with an academic degree voted for Remain and the number of British people with an academic degree is rising quickly.
5. A majority of the voters under 45 voted for remain, as did more than 60% of the voters between 25 and 34 and more than 70% of the voters younger than 25.
All this makes it likely that it is only a question of time before a majority of British voters will want to remain in the EU or get back in. Therefore, instead of rushing into a hasty compromise, the EU and the UK would be well advised to take the necessary time to consider all options, to refrain as much as possible from taking costly measures that prejudge the final out come and give the UK the time to reconsider its position.
By Corneliu Pivariu.
On July 9th, 2018, President Recep Tayyip Erdogan inaugurated his second mandate which marked, at the same time, turning the parliamentary system, in place since almost 100 years, into one where the political power is more concentrated at the presidency level.
The change takes place under the circumstances of the complex developments in the Middle East and particularly in Syria, as well as within the geopolitical global context of great powers’ repositioning, of their shifting spheres of influence and the acerbic economic competition for energy sources and markets. We will see how beneficial this context will be for Turkey’s political and economic developments in the coming years.
The developments of the international situation, too, will represent a challenge for the team the president Erdogan has at his disposal and where the loyalty to the president is considered an at least as important factor as it is the competence if not even more important, given the circumstances. Turkish foreign policy should find the best solution between the anti-Western fluctuations and the neo-Ottoman dream of regional hegemony on the one hand, and the need of better relations with the European Union and the United States, on the other hand. These relations are, for the time being, extremely important when the economic growth begun to dwindle and foreign investments are not at the wished for level, something that could have an undesirable impact for the current Turkish leadership at the next local elections in March, 2019.
The situation got more complicated following the hike in inflation and, on August the 1st, the Turkish Lira decreased to under 5Liras for 1US dollar. Moreover, the 10th of August President Donald Trump’s announcement on doubling the tariffs for Turkish exports of steel (+50%) and aluminum (+20%), triggered a new devaluation of Turkish Lira by about 25% while a slight recovery was registered lately (Note also the Qatar financial aid for 15 billion $).
Having in mind Turkey’s economic integration in the world’s economy that lead to deepening its dependency on the latter especially as Turkey has no important energy resources and depends on imports, president Erdogan announced, on August the 3rd a 100 days program and appealed to all citizens to “release” the foreign currencies and the gold kept “under the pillow” and turn their savings into Turkish Liras, an appeal that did not seem to have the expected effects.
On the other hand, Erdogan said that Turkey will not accept being dependent on the West and will change its focus on the Chinese market for loans (including the issuance of Yuan government bonds), without explaining why the Chinese would treat Turkey differently from the European or American lenders. Moreover, president Trump’s decision of increasing the custom duties on steel and aluminum was assessed by the Turkish president as an economic war and addressed a message to his American counterpart: “At a time when Evil continues to haunt around the world, unilateral actions against Turkey by the USA, our ally of decades, would do nothing but harm the USA’s interests and security”. President Erdogan added: “if this current of unilateralism and lack of respect is not reversed, we will have to look for new friends and allies”, and said that president Trump would do well to seriously consider this “before it is too late”.
President Trump himself acknowledged that the USA-Turkey relations are not in good shape currently. In all likelihood, he will wait some time in order to adapt and reconsider his position towards this important ally which cannot be circumvented in case of finding a solution in the Middle East and in other geopolitical issues. And now here on this background, the Caspian Sea Treaty, which has been negotiated for decades, was abruptly signed, offering Russia a relevant position in this area. Russia took expediently the opportunity and Serghei Lavrov, the Foreign Affairs Minister, declared that in the near future a four-countries summit (Turkey, Russia, Germany, France) on Syria will take place in Ankara with other countries invited, too, including international organizations (UN, OSCE, etc.). Turkish sources say the summit could take place on 7th of September.
The significances of these developments are complex and indicate that Germany and France could return to more important positions in the Middle East, wishing to invest in the major joint Russia-Turkey projects. It would be possible that a new Middle East emerges where Turkey keeps an unavoidable place.
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About the author:Corneliu Pivariu, former first deputy for military intelligence (two stars general) in the Romanian MoD, retired 2003. Member of IISS – London, alumni of Harvard – Kennedy School Executive Education and others international organizations. Founder of INGEPO Consulting, and bimonthly Bulletin, Geostrategic Pulse”. Main areas of expertise – geopolitics, intelligence and security.
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Corneliu Pivariu, Ingepo Consulting / Photographer Ionus Paraschiv
The Hague – Belgian war correspondent Rudi Vranckx will receive the 2018Carnegie Wateler Peace Prize. The board of the Carnegie Foundation Peace Palace will award Vranckx for his outstanding courage and commitment to reporting from conflict areas, giving people affected by conflict a face and a voice. In addition to his work as a journalist, Vranckx showed exceptional commitment by personally transporting musical instruments to a destroyed music school in the Iraqi city of Mosul.The laureateAs a journalist for the Belgian public broadcaster VRT, Rudi Vranckx (1959) has shown the effect of conflict on daily life with personal reports. The board of the Carnegie Foundation recognizes his courage to travel to the most dangerous conflict areas in the world. He started his career as a war correspondent in 1989 reporting on the uprising against Ceausescu in Romania. Over the past decades he has reported on wars and conflicts around the world, including in the former Yugoslavia, the Middle East and North Africa, to draw attention to suffering and injustice in conflict situations. Vranckx was one of the last European journalists to leave Egypt during the violence of the Arab Spring and he lived through an attack in Syria that killed his French colleague. Apart from showing the world the drama and injustice of conflicts as a journalist, Vranckx has shown exceptional personal engagement with the inhabitants of conflict areas. When he came across a music school in the Iraqi city of Mosul that was deliberately and completely destroyed by IS in 2017, Vranckx started a collection of musical instruments in his home country Belgium. He finally delivered the 120 collected instruments to the music school himself. His documentary about this project, ‘Imagine Mosul’, managed to touch many. Back home, he followed up on the project by raising money for an organisation that provides music lessons to young refugees in Belgium.Carnegie Wateler Peace PrizeThe Carnegie Wateler Peace Prize is awarded every two years to a person or an institution furthering the cause of international peace, ‘ in whatever way, by word or deed in the form of international action, in literature, or the arts’. The award is named after the Dutch banker Johan Wateler who decided more than 100 years ago – amid the horrors of the First World War – to donate almost his entire capital for peace. Following the example of Alfred Nobel, Wateler drew up a testament for the establishment of a Peace Prize. The Peace Prize was awarded for the first time in 1931. In 2016 the prize was awarded to top Dutch diplomat Sigrid Kaag, who is now the Dutch Minister of Foreign Trade and Development Cooperation. In the years before that the prize was awarded to UN diplomat Lakhdar Brahimi (2014) and War Child (2012).Award CeremonyThe Carnegie Wateler Peace Prize 2018 will be awarded to Rudi Vranckx on Wednesday 26 September 2018 in the Great Hall of Justice of the Peace Palace in The Hague. He will receive the prize from Bernard Bot, Chairman of the Board of the Carnegie Foundation and Former minister of Foreign Affairs of the Netherlands. The award consists of 35,000 EUR in prize money. and an official certificate. During the ceremony also the first Youth Carnegie Peace Prize will be awarded. This prize goes to a youth initiative that is committed to a more peaceful world.
By Anton Lutter.
The 17th of August commemorates the proclamation of Indonesia’s independency, and in 1945 signaled the beginning of the fight for freedom against the Dutch. Now 73 years later friendship between the two countries is stronger than ever.
Symbolized by the opening words of the speech of ambassador I Gusti Agung Wesaka Puja, “Dear Veterans …” referring to the veterans who once where the adversaries of the Indonesian freedom fighters. Continuing a tradition started by the late ambassador Junus Effendie Habibie, inviting veterans to the Independence Day flag hosting ceremony at Wassenaar. Clearly a sign of Indonesia’s policy of looking forward in relation towards the Dutch, which is greatly appreciated by the attending veterans enjoying the ceremony on this sunny day.
In his speech Ambassador Puja expressed his thanks to all Indonesians, Indonesian Diaspora, and the people of The Netherlands for their sympathies and attentions to the victims and their families of the recent earthquake which took place on the beautiful island of Lombok (eastern part of Indonesia).
Concerning the relations between The Netherlands and Indonesia, the ambassador mentioned the following: In the economic field, the Netherlands is one of our most important partners in Europe. in 2017, for the first time in the last 5 years, the trade value between our two countries reached USD 5.06 billion, or a growth of 27% compared to 2016. With a continuing growth in January-May 2018, the bilateral trade value increased with 7% compared to the same period in 2017. In the field of investment, The Netherlands, for several years in a row is still the largest benefactor of foreign investment from Europe to Indonesia. Also a positive trend is a growth in the tourism sector, seeing Dutch tourist arrivals to Indonesia in 2017 grown with 5.3% compared with 2016, reaching 205.000 persons.
The Ambassador of Indonesia, HIs Excellency I Gusti Agung Wesaka Puja.
Furthermore, the Indonesian government has accelerated its national development, be it in the form of physical infrastructure development (sea tolls, airports, railways, toll roads) or social infrastructures. The government has been working to create a just and economic equitability for the whole Indonesian people, accelerating the development of Indonesian human resource as the man priority of the national development.
With a population of 260 million, the fourth largest in the world, and third largest democracy Indonesia’s capacity and reputation is respected by the world. This was recognized by the fact that on 8 June 2018, Indonesia was elected as a non-permanent member of the United Nations Security Council for 2019-2020. Also the European Commission has lifted the ban on all Indonesian airlines.
Ambassador Puja said: “Indonesia has contributed its views on the importance of promoting Indo-Pacific relations. Indonesia’s concept is to prioritize ASEAN centrality, cooperation, habit of dialog, and respect to the international laws.”
Next to flag hoisting and exclamation of the independence speech from president Sukarno of 17 august 1945, the celebration was a showcase of cultural expressions from the different parts of Indonesia. Ambassador I Gusti Agung Wesaka Puja highlighted this day by performing the so called Tumpeng Ceremony, celebrating the 73rd year of Independence of the Republic Indonesia.
By Dario Poli and Mara Lemanis.“How would you like your coffee, sir?”
The words recently spoken by a London waitress to Kennie, our friend of longstanding from South Africa.
“Just black, thank you,” he replied without a second thought, gazing at his daily newspaper in a London coffee shop.
“Sorry sir, you can’t say that here”.
Kennie looked up, surprised by the words he heard ringing in his ears, their reprimanding tone, delivered to him with a considerable righteousness, distracting him from his interesting read. “I would like a black coffee,” he replied again, mildly annoyed…Once again the waitress addressed him. “Sir, you can only ask for coffee without milk, not black coffee.”
Shocked by this problem of simply ordering a coffee, he demanded to speak to the manager, who dutifully arrived, heard the story, and without further ado, ordered the waitress to deliver Kennie,“a cup of coffee without milk”.
Kennie sipped his coffee without milk (black coffee), pondering the social changes that are taking place in the Western nations, ushering in a new world order of political correctness.
Dario Poli
Then he realised that this very evening, he would be playing his favourite game of chess on a board where each square is coloured black and white…problems ahead, he wondered?
Looking up, he noticed at the far end of the shop was an ethnic African man, who had just seated himself. Suddenly, a wry smile spreading across his face, Kennie wondered if he would ask for a white coffee, and if he too would be reprimanded by the same waitress?
Or, spotlighting the point, what if this man ordered a black coffee and refused to use the milk word?
Mara Lemanis.
Would he resort to sign language? Stick his finger to his forehead, ask the waitress if she noticed that his head is black, and tell her he wants coffee in the same colour? Since this kind of event has also been reported east of London, in the community of Southend-on-Sea, where the Borough Council is prohibiting requests for black coffee, we noticed a curious feature there:
Among 173 thousand residents only 3 thousand of them are black.
Could implementing this censorship be an attempt to colonize white residents’ minds with milk less images of blacks?
–Could it be a way to still fears by inducing white people to feel that if they never mention the black word, black uprisings will never happen in their midst? Or could this just be an ingenious way to ensure white supremacy?
But whatever may be the motive for the fiat on black coffee, it could easily expand and affect businesses down the street. The photography studio, for instance. Suppose instead of a colour print we wanted a black-and-white photo. Would we be told it was not allowed? Would we only be able to ask for a white-and-non white picture?
But non white can carry the connotation of off-white, beige, or grey, so we might not at all be able to get a plain back-and-white print. And we would have to remember when visiting a haberdashery that ordering an outfit for a black-tie affair would be out of the question. Only a Without Milk Tie, if you please.
Considering the implications from Kennie’s account, we then pondered on the direction of our social world and its future, now enmeshed in political correctness that in some cases have become legally instituted. Would it become illegal for black persons to carry placards stating, “Black is Beautiful,” in celebration of Nelson Mandela’s birthday, and would people in the Black Lives Matter movement have their posters struck away by an official from the sensitivity patrol?
At once, the great bard’s prophetic words effortlessly jumped into our heads.
“When we are born we cry that we are come to this great stage of fools”…William Shakespeare
By His Excellency Mr. Dirk Brengelmann, Ambassador of Germany in the Netherlands.
Over 30 years ago, my wife Brigitte and I visited The Hague (and the German Embassy and Huis Schuylenburch, the German Ambassador’s Residence in the city centre), as part of the training programme of our Foreign Service Academy. The late Ambassador Otto von der Gablentz, a beacon of Dutch-German relations, received us and the other participants in the programme.
He described the challenges of his job, given many people’s memories of World War II, but also the wonderful experience of working with the people of the Netherlands to foster relations between our two countries. It was his dream job, he said. My wife and I concluded that this could be a future posting for us…It just took a little time.
And it is still a dream job for any German Ambassador today. German-Dutch relations cover every aspect of international cooperation, but go beyond that to include the regional and local level, in particular cross-border cooperation/Euregios, etc.
One aspect of the work of Otto von der Gablentz has changed: the shadows and tensions in the aftermath of World War II have largely faded away. However, it is still part of my work to attend important herdenking events, to make sure we remember and give testimony.
As I mentioned, German-Dutch relations touch every aspect, and some facts are hardly known to either the Germans or Dutch:
In 2017, goods worth 177 billion euros were traded between Germany and the Netherlands. German imports from the Netherlands amounted to 91.2 billion, while German exports to the Netherlands totalled 85.7 billion. The Netherlands was thus Germany’s second most important trading partner, right after China. Germany has been the main holiday destination for the Dutch for the past eleven years– and the Dutch are very much no. 1 in terms of foreign visitors to Germany.
The Dutch and German armies are integrating on many levels, well beyond the 1 (German-Netherlands) Corps in Münster. New projects are being planned. In most of our missions abroad we are teaming up with the Netherlands and this cooperation is very important to us.
In foreign policy and in the European Union our two countries are far more often than not “like-minded” and work closely together. This is true from the top level right to the very practical cooperation between our capitals, across the border and abroad.
The Dutch very much like this to take place at Augenhöhe, that is, on an equal footing. And given their status as a strong economic and political player, they have every reason for this.
At the Frankfurter Buchmesse in 2016 the Netherlands and Flanders were the Guest of Honour. I was amazed to see how many Dutch books appeal to a German audience. We are interested in the literature, history and politics of the Netherlands – some even say the country is a bellwether state for upcoming developments.
Ambassador Brengelmann.
Are there aspects which I think could be better? Yes, indeed, I believe it would be very good if Dutch school children learned more German (again). Language skills are important for communication, better mutual understanding, business, travel etc.
We also strive for more Dutch language education in Germany – and it works well, mainly in the western border areas.
I have often been asked what I like most about the Netherlands. My answers would include:
the open and professional way of doing business in the Netherlands. The country’spolitical system is very transparent. The Kamerbrief instrument is indicative of the relationship between the executive and the legislative. And it is a treasure for the reporting needs of any diplomat!
the good mix of old Dutch towns and remarkable modern architecture, even next to the motorway
the beaches in Scheveningen and Wassenaar (as I write it is 38 °C outside…) and biking in the dunes.
I am also asked if there is anything I do not like or where I disagree. As Ambassador one is naturally cautious, but let me try:
I have not become the greatest fan of broodjes lunch, but there are excellent restaurants here, no doubt.
Some Dutch argue they are basically free of hierarchical structures. However, I can quickly sense a certain hierarchical order, but it is more informal than in other countries.
Many observers say that it is always a good idea to mix German and Dutch colleagues, talents etc. After two years in The Hague, I can only agree.
By His Excellency Laurence Lenayapa, Ambassador of the Republic of Kenya.
Since arriving in the Netherlands in August, I have been very pleased to enjoy the Dutch hospitality and I look forward to making this my home for the next few years. I also look forward to visiting various parts of the country in the course of my duty as well as to simply enjoy the beauty the country has to offer.
The Hague, where the Embassy is situated presents the opportunity to work in a very international environment with the presence of several other embassies, international organisations and various nationalities of people who work here.
In my new role as Ambassador, I intend to prioritise my focus on Kenya’s developmental agenda that is guided by H.E. Uhuru Kenyatta, President of the Republic of Kenya. The Agenda, commonly known as the Big Four Agenda, will focus on moving Kenya forward in the areas of Manufacturing, Universal Healthcare, Housing and Food security.
Manufacturing
The government plans to increase manufacturing from 9.2 per cent to 20 per cent by 2022. The major focus is put on among others cotton production and textile industry. The country will then realize greater value from export by controlling the value chain and making something of the raw materials that are produced. It is anticipated that the bigger the economy, the increased employment opportunity and wider shared prosperity.
Universal healthcare
Our government appreciates that a healthy people ensures effective production and hence increase in wealth by reducing pressure. The government therefore will seek to deal with preventable diseases like malaria which will ensure a healthy nation, apart from reducing pressure in hospitals. The government also puts emphasis on tracking medicine from manufacturing to consumption by patients, conducting census and getting the National Hospital Insurance Fund (NHIF) functioning at its optimum.
The Big Four Agenda lists five innovative initiatives which are purposed to drive NHIF scale up. These include activating community health worker network, legalizing reforms to align NHIF to universal healthcare, redefining NHIF to include Multi-Tier benefit packages and digitizing NHIF.
H.E. Mr. Lawrence Ntoye Lenayapa, Permanent Representative of the Republic of Kenya to the OPCW, presented his credentials to the Director-General H. E. Ambassador Fernando Arias on 30 August 2018.Food security
The country plans to invest in infrastructure which will allow for distribution of food from one part of the country to others, being open to producing food for other countries and producing cost effective foods as well as addressing mismatch in food production.
Affordable housing
Plans are underway to set up a Kenya Mortgage Refinancing Company (KMRC) to manage low cost liquidity for mortgages. The government plans to build affordable homes through mechanisms including partnerships with other agencies.
The Big Four Agenda will closely follow the implementation of Kenya’s Vision 2030. The two important agendas with their correlating pillars are considered the long-term development blueprint for Kenya, which is motivated by a collective aspiration for a better society by the year 2030. Their main objective is to create a globally competitive and prosperous country with a high quality of life by 2030.
H.E. Laurence Lenayapa, Ambassador of Kenya.
With this in mind, I will capitalise on the already existing good bilateral relations between Kenya and the Netherlands. I will seek to maximise on the opportunities available through the Aid-to-Trade policy of the Netherlands by actively seeking out Dutch investors for direct investments or to work through public private partnerships (PPP). The Dutch Companies can take advantage of the favourable conditions in Kenya such as a solid infrastructure, ideal climate, and a deep pool of educated and skilled manpower amongst others. Also, Kenya’s fully liberalised economy has no restrictions on domestic and foreign borrowing by residents and non-residents. Kenya’s strategic location allows investors to easily access the countries in the region.
In addition to focusing on Kenya’s development agenda, I am committed to ensure Kenya fulfils its obligations emanating from its membership to international organisations based in the Netherlands. Kenya’s robust participation in these organisations will demonstrate the commitment to invest in programs aimed at promoting the rule of law, international peace and stability and innovative diplomacy to contribute to a just and peaceful world.
I will therefore ensure that Kenya continues taking part in conversations of a complex nature that will always be guided by law, state practice and multilateralism.
By Jan Dop.What can you do to prevent sexual harassment on the work floor? And what do you, as an employer, have to do if it does occur unexpectedly?
Sexual harassment by managers continues to concern us, as can be seen from the Dutch TV broadcast “M”. The TV program dealt with men that are concerned about the consequences of their past conduct for their reputation. Actions glossed over ten or fifteen years ago are now no longer accepted. When allegations – whether right or wrong – are published, the genie is out of the bottle and cannot be put back in. How can companies deal with it?
Establish a clear policy
It is vital for companies to establish clear rules. What one person sees as sexual harassment, the other might not have intended at all. By setting out rules in the staff manual, employees know what is expected from them and are familiar with the procedure that is followed and the sanctions for violations of the rules. It is also advisable to appoint a counsellor the harassed employee can confide in.
Establish the facts
Before taking definite measures, the facts will have to be investigated. There are several significant problems in this respect, for instance if there are no witnesses to the incident.
To ensure that the incident can be assessed objectively external experts can be engaged who can immediately start investigations to reconstruct what happened, for instance by taking statements and checking the circumstances. The company has to take into account that the whole truth will never be uncovered but that it will have to take a decision regarding the employment relation.
Do not just deal with it internally
It is tempting to keep the matter behind closed doors in order to uphold the good reputation of your company. However, concealing your knowledge of criminal acts can be a criminal offence too. Therefore, it is advisable to seek legal advice concerning the matter. Also, if the facts will later become known to the public it won’t be good for your reputation if it turns out that you have concealed the matter. Therefore, you are well-advised to specify in your staff manual that the company can file a report with the police in the event of transgressive behaviour at work. This will also help the victim.
Follow your own rules
It is important to not just stipulate these guidelines but also to abide by them. Prorail, the company responsible for the maintenance of the Dutch railway network, presumed that in the #MeToo age the establishment of the fact that an employee under the influence of alcohol had become intimate with and insulted a female colleague was sufficient for dismissal with immediate effect. However, the court ruled the employee had indeed performed culpable action but they were not sufficient to sustain the dismissal with immediate effect. Why?
Prorail had made procedural errors. For example, the employee was not reminded of the option to submit a written statement.
The employee stopped the intimacies after the victim had indicated not to appreciate them.
The victim had indicated the wish to clear up the matter with the offender and the offender had said he had regrets and would like to offer his apologies.
The consequences for the 58-year-old employee with over 40 years of service and impeccable record of service had not been considered.
Prorail referred to the matter as “an incident”, which indicated that it had not been a structural problem.
Prorail had not considered the option to impose less severe measures, such as suspension.
Despite the #MeToo movement, which Prorail explicitly referred to, the court will consider all circumstances of the matter, thus also the internal procedure and the consequences for the employee. Therefore, Prorail has to reinstate the employee and pay wage arrears, including a statutory increase that was brought back to 25%. Taking hasty measures in fear of public opinion therefore can result in significant costs for companies.
Our advice
Ensure that there is a clear policy regarding unwanted conduct on the workfloor and specify this policy in a staff manual.
In the event of allegations of sexual harassment, investigate the facts. Preferably, have an independent expert do this.
If necessary file a report with the police.
Enforce the rules and abide by them yourself.
More information:
Would you like us to devise a protocol on how to deal with unwanted conduct? Are you confronted with (sexual) harassment or other unwanted conduct within your company? Russell Advocaten can not just help you with the assessment of the facts and the judicial follow-up. We can also call in a multidisciplinary team, including a specialist in reputation management and communication strategy and a forensic psychiatrist via Henneman Strategies. After all, unwanted conduct is not just a legal issue but may also cause damage to companies and persons, such as harm to reputation and infringement of personal integrity.