Section 2 - Chapter 3
Mutual Obligations

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3.1. Obligations on the part of the Employer and the Employee

1. An Employer is obliged to do and refrain from doing all that a diligent Employer should do or refrain from doing in similar circumstances.

2. An Employee is required to perform his duties to the best of his ability, to conduct himself as a diligent Employee and to act in accordance with instructions given by or on behalf of the Employer.

3. In every organization, the Employer and Employee obligations are defined in the HR manual, code of conduct and/or internal procedures.

4. Section 3 contains additional provisions that apply between the Employer and the Employee.

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3.2. Medical examination of a prospective Employee

1. Based on the BES pension system, the Employer must register Employees with Pensioenfonds Caribisch Nederland (PCN)^[5] . As a condition for participation, PCN requires that the Employer requests a medical certificate upon commencement of employment and keeps it in the Employee's personnel file. This is the reason why the Employee must provide a medical certificate upon commencement of employment at the expense of the Employer.

2. The details of this examination shall remain the responsibility of the medical practitioner. The Employee shall have the right to see the medical examiner's opinion before the medical examiner sends the medical certificate to the Employer.

3. The costs associated with this examination shall be borne by the Employer.

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3.3. Employee’s Medical Examination

The Employer is a healthcare institution. The Employer may therefore have to take preventive or special measures, which require the cooperation of the Employee. The Employee must for this reason submit to a medical examination as deemed necessary by the Employer stating reasons, if it is an examination with a preventive effect with respect to the health situation in the organization.

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3.4. Duty of confidentiality and professional secrecy

1. Both during and after termination of employment - regardless of the manner and reasons why the employment has come to an end - the Employee is prohibited from making any disclosure in any way to third parties, directly or indirectly, in any form and by any means, with regard to everything the Employee knows about the affairs and interests of the Employer, the care recipients and other relations, unless the performance of the job requires that third parties be informed.

2. The Employee shall observe confidentiality regarding anything that comes to his knowledge by virtue of his position, to the extent that this obligation follows from the type of matter or is expressly imposed on him. This obligation is laid down in Article 285 of the BES Criminal Code and also applies after termination of employment. Partly with respect to this, the Employee must sign a written promise of confidentiality upon commencement of employment.

3. The Employee agrees and expressly consents to the fact that the Employer will hold and process the Employee's personal information with respect to the administration and management of Employee's employment-related details. The Employer agrees to treat such information with due care and confidentiality.

4. The Employer shall observe confidentiality with regard to everything the Employer knows with respect to the Employee's person by virtue of his position, unless the Employee consents to the disclosure of information relating to his person.

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3.5. Absence

1. If the Employee is prevented from coming to work for any reason, the Employee must report this to a manager at least one hour before the start of his or her working time. This is without prejudice to the provisions in the sickness regulation in terms of the procedure for reporting absence due to illness and so on.

2. The Employer shall not owe the Employee any Salary for the time during which the Employee fails to perform his duties in breach of his obligations.

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3.6. Ancillary jobs and ancillary activities

1. If the Employee wishes to engage in paid or unpaid side activities or work for others in addition to working for the Employer, the Employee must first discuss this with the Employer and obtain written permission. This permission may not be withheld on unreasonable grounds, however, it may be subject to certain conditions.

2. The Employee is required to provide details of any additional positions and/or other work at the commencement of the employment contract and subsequently at the Employer's first request.

3. The provision of services to the Employer through a business of which the Employee is either an owner, shareholder, and/or director himself or herself, or of which a relative by blood or marriage up to and including the fourth degree (see Annex Kinship Table) and/or spouse and/or Relative Partner of the Employee is an owner, shareholder, and/or director, is not allowed without the Employer's written consent.

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3.7. Gifts, rewards, inheritances

1. The Employee is prohibited from directly or indirectly, without the Employer’s prior written consent:

a. participate in contracting work and/or supply work to be performed on behalf of Employer.

b. accept gifts and/or rewards from (legal) persons who work for the Employer, perform assignments for the Employer, deliver to the Employer, or with whom the Employee comes into contact by virtue of his position.

2. Except with the Employer’s prior written consent, the Employee shall not accept an inheritance or bequest from a person, who prior to or at the time of death was hospitalized with the Employer and is not a blood relative or relative by marriage up to and including the fourth degree, spouse or Relationship Partner of the Employee. Waivers may also be set forth in HR policies.

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3.8. Company items

1. The Employer shall ensure that the necessary supplies are provided to the Employee to perform his job properly.

2. The Employee is required to carefully manage the (company's) property items entrusted to him or her by the Employer.

3. At the Employer’s first request, the Employee shall return all property items in his possession which are the property of the Employer, or to which the Employer is entitled on any other account.

4. The Employee is prohibited from using Company property in his possession and/or use for himself or for any purpose other than the purpose for which it was entrusted by the Employer to the Employee. Use other than according to or in accordance with the instructions for use is not permitted. Reckless and/or unlawful use, regardless of its purpose, is not permitted either.

5. Upon termination of employment, the Employee shall surrender the aforementioned goods, including the work clothing or uniform clothing and badges issued to him. In the event of loss or damage due to the Employee's fault or failure to return the aforementioned property items, the Employee shall be required to reimburse the Employer for the cost of the items and the Employer may offset such reimbursement against the Employee's final paycheck.

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3.9. Employee's liability for damage

1. The Employer undertakes to take out an insurance contract, which covers the Employee's personal civil liability for death, bodily injury and/or property damage, inflicted on third parties in the performance of his duties, including damage inflicted on third parties by the person who is supervised by the Employee on the Employer's instructions in the work situation.

2. The Employer indemnifies the Employee against liability in this respect and waives any possibility of recourse against the Employee, except for cases where the damage is caused by intent or conscious recklessness on the part of the Employee.

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3.10. Property damage

1. Material damage caused to the Employee by a Care Recipient which could not reasonably be prevented within the meaning of Book 7A, Section 1614x BES Civil Code shall be compensated by the Employer on the basis of the following.

2. For this purpose, property damage means solely damage to the Employee's property.

3. To be eligible for compensation, the Employee must demonstrate that:

a) a Care Recipient inflicted the injury; and

b) he will not otherwise be indemnified in this respect; and

c) the injury was inflicted in the performance of his duties; and

4. By indemnifying the Employee under this Article, the Employer shall be subrogated to any rights the Employee may have in this matter against the person who caused the injury.

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3.11. Alcohol and drugs

1. During his working time The Employee is prohibited from:

a. being in possession of drugs other than pursuant to work instructions from the Employer and/or with the Employer’s permission,

b. being in possession of alcohol or drugs,

c. using them and/or (iv) being under the influence of alcohol or drugs.

This obligation extends beyond his working time in case outside his working time, the Employee:

a. is wearing a uniform or other work attire of the Employer,

b. either or not uses a work car of the Employer as a driver,

c. is situated on the Employer's premises or

d. has an on-call shift and/or

e. the use of alcohol or drugs may still affect the Employee's performance of work.

2. The Employer may further specify the obligation mentioned in paragraph 1 in HR policies through an alcohol and drug policy.

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3.12. Whistleblower policy

The Employer shall develop a whistleblower policy to ensure that the Employee can safely report irregularities. This will be developed in HR policies.

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3.13. Employee’s representation of interests

Where representation of the Employee's personal interests is involved, the Employee has the option to have this done by the Employee's designated representative(s).

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^[5] For more information about this fund, its pension regulations and the pension administrator, please refer to www.pensioenfondscn.com.